"A crime against humanity:" Madhya Pradesh High Court denies bail to man accused of black marketing Remedsivir

The Indore Bench of the Madhya Pradesh High Court on Wednesday declined to grant bail to a nursing student (applicant) alleged to have been involved in the black marketing of Remdesivir injections (Hariom vs the State of Madhya Pradesh)..Justice Anil Verma noted that it was prima facie established that the applicant was party to the black marketing in connivance with the co-accused. .The Court further term's the applicant's alleged conduct as highly depolorable given that many persons on the death bed had been in want of Remdesivir amid the COVID-19 pandemic. .“The crime committed by the present applicant is certainly a crime against the society and humanity. Such human conduct is highly deplorable, when the society at large come together to tide over their difficulties and turbulent time, whereas arising of time of COVID-19 pandemic, it is shocking to see that some persons had indulged themselves in black marketing of such drugs", the Court said..In April 2021, acting on secret information, the police had carried out a search at Alliance City, Agar Road, Ujjain and seized one Remdesivir injection from a co-accused without valid documents. Based on a statement by the co-accused, the applicant was arrested. .During a search, a Tazotum, Rx Piperacillin and Tazobactum injection was also recovered from the applicant, who was found to possess the same without any valid document..The applicant, a first year nursing student, argued that he was falsely implicated, pointing out that he was not caught red handed and that he was neither a beneficiary nor seller of the injection..The applicant further submitted that the alleged offences were bailable in nature and, therefore, prayed for the grant of bail..On the other hand, the State argued that it was prima facie evident that the applicant and his co-accused indulged in the black marketing of Remdesivir injections, depriving needy patients of the same. In view of the gravity of the offence, bail must be denied, it was contended..Agreeing with the State, the Court found that a prima facie case was established against the applicant and that it could not be said that the case was one with no evidence..The Court observed that during the pandemic, Remdesivir injections were in high demand. Therefore, the offences alleged to have been committed by the applicant are not only serious in nature, but also heinous, Justice Verma said. As such, the Court cannot remain mute as a spectator or turn a nelson's eye to such incident, it was observed..Therefore, the Court dismissed the bail plea. ."Taking into consideration all the facts and circumstances of the case as also looking to the gravity of the alleged offences, the present applicant do not deserve for the benefit of bail", the Court said. .[Read Order]