The Delhi High Court on Tuesday granted bail to S Eswara Reddy, L Praveen Kumar and Dinesh Dua, accused in the Biocon bribery case..Reddy was the Joint Drug Controller and India head at the Central Drugs Standard Control Organisation (CDSCO). He was arrested by the Central Bureau of Investigation (CBI) in June this year for allegedly accepting a bribe from the representative of a Delhi-based firm named Synergy Network India Private Limited.Dua is the Director of Synergy Network India Private Limited and Kumar was the Associate Vice-President and head of National Regulatory Affairs (NRA) at Biocon Biologics, Biocon's biosimilar subsidiary.CBI alleged that Dua was giving bribes to Reddy to waive Phase III trials of Biocon’s Insulin Aspart Injection, to manipulate the minutes of Special Expert Committee (SEC) meeting and to get some files related to the company cleared by the regulatory authority.The agency conducted a sting operation which resulted in Reddy and Dua being caught red-handed with ₹4 lakh..While ordering the release of the three accused, Justice Anu Malhotra noted that there is nothing to indicate that the recommendation of the SEC for waiver of Phase III clinical trials of Biocon's drug, subject to the condition that Phase IV trials would be conducted, has been approved by the Drugs Controller General of India.The judge added that it cannot overlook the aspect that the alleged intercepted calls between the accused persons have to be weighed at the altar of admissibility and legality of evidence. On this aspect, the Court noted,"Though the public health would undoubtedly amount to an issue in relation to the public emergency or the existence of a public safety interest, there is nothing presently placed on record to indicate the invocation of Section5(2) of the Indian Telegraph Act, 1885 by the CBI."Section 5(2) empowers the government to order interception of messages "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence.".The consideration of credibility of circumstantial evidence and the fact that the recovery of money was not pursuant to any usual trap proceedings would have to be assessed, the Court said.“The applicants… apparently are not flight risks and are thus allowed to be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- each with two sureties of the like amount to the satisfaction of the Trial Court,” the Court ordered.The Court has directed the three accused to surrender their passports and to not leave the country under any circumstances. They have also been directed to keep their mobile phone on at all times and to drop a pin on Google Maps to ensure that their location is available to the investigating officer..Senior Advocate Mohit Mathur along with Advocates Arun Khatri, Akshay, Sahil Khurana, Mohit, Shalini and Saumya appeared for Reddy.Kumar was represented by Senior Advocates Rajiv Nayar and Trideep Pais, along with Advocates Mahesh Agarwal, Rishi Agarwala, Avishkar Singhvi, Shubham, Vishnu T, Parminder Singh, Ashish Hira, Sandeep and Kumar Satyam Agarwal.Senior Advocate Siddharth Aggarwal along with Advocates Davesh Bhatia, Rajat Mathur, Raghvendra N Budholia, Vishwajeet, Priya Pachouri, Udbhav, Arun Khatri, Akshay, Sahil Khurana, Shalini Halder, Mohit and Saumya appeared for Dua.Special Public Prosecutor Anupam S Sharrma along with Advocates Anurag K Andley, Prakarsh Airan and Harpreet Kalsi appeared for CBI..[Read Order]
The Delhi High Court on Tuesday granted bail to S Eswara Reddy, L Praveen Kumar and Dinesh Dua, accused in the Biocon bribery case..Reddy was the Joint Drug Controller and India head at the Central Drugs Standard Control Organisation (CDSCO). He was arrested by the Central Bureau of Investigation (CBI) in June this year for allegedly accepting a bribe from the representative of a Delhi-based firm named Synergy Network India Private Limited.Dua is the Director of Synergy Network India Private Limited and Kumar was the Associate Vice-President and head of National Regulatory Affairs (NRA) at Biocon Biologics, Biocon's biosimilar subsidiary.CBI alleged that Dua was giving bribes to Reddy to waive Phase III trials of Biocon’s Insulin Aspart Injection, to manipulate the minutes of Special Expert Committee (SEC) meeting and to get some files related to the company cleared by the regulatory authority.The agency conducted a sting operation which resulted in Reddy and Dua being caught red-handed with ₹4 lakh..While ordering the release of the three accused, Justice Anu Malhotra noted that there is nothing to indicate that the recommendation of the SEC for waiver of Phase III clinical trials of Biocon's drug, subject to the condition that Phase IV trials would be conducted, has been approved by the Drugs Controller General of India.The judge added that it cannot overlook the aspect that the alleged intercepted calls between the accused persons have to be weighed at the altar of admissibility and legality of evidence. On this aspect, the Court noted,"Though the public health would undoubtedly amount to an issue in relation to the public emergency or the existence of a public safety interest, there is nothing presently placed on record to indicate the invocation of Section5(2) of the Indian Telegraph Act, 1885 by the CBI."Section 5(2) empowers the government to order interception of messages "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence.".The consideration of credibility of circumstantial evidence and the fact that the recovery of money was not pursuant to any usual trap proceedings would have to be assessed, the Court said.“The applicants… apparently are not flight risks and are thus allowed to be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- each with two sureties of the like amount to the satisfaction of the Trial Court,” the Court ordered.The Court has directed the three accused to surrender their passports and to not leave the country under any circumstances. They have also been directed to keep their mobile phone on at all times and to drop a pin on Google Maps to ensure that their location is available to the investigating officer..Senior Advocate Mohit Mathur along with Advocates Arun Khatri, Akshay, Sahil Khurana, Mohit, Shalini and Saumya appeared for Reddy.Kumar was represented by Senior Advocates Rajiv Nayar and Trideep Pais, along with Advocates Mahesh Agarwal, Rishi Agarwala, Avishkar Singhvi, Shubham, Vishnu T, Parminder Singh, Ashish Hira, Sandeep and Kumar Satyam Agarwal.Senior Advocate Siddharth Aggarwal along with Advocates Davesh Bhatia, Rajat Mathur, Raghvendra N Budholia, Vishwajeet, Priya Pachouri, Udbhav, Arun Khatri, Akshay, Sahil Khurana, Shalini Halder, Mohit and Saumya appeared for Dua.Special Public Prosecutor Anupam S Sharrma along with Advocates Anurag K Andley, Prakarsh Airan and Harpreet Kalsi appeared for CBI..[Read Order]
