Wilfully Involved In Life-Threatening Business: Delhi HC Denies Bail To Man Accused Of Manufacturing & Supplying Spurious Cancer Injections

The Court said that the spurious injections which were primarily being manufactured by the Petitioner and were being sold in the market have been found to be of sub-standard quality and are harmful for use.

The Court was hearing a Bail Application Petitioner seeking bail in FIR registered for offences under Sections 274, 275, 276, 420, 468, 471, 120B read with Section 34 of IPC.

The bench of Justice Subramonium Prasad observed, “The Petitioner has amassed good wealth by manufacturing spurious cancer injections and, therefore, if released on bail, the danger of the Petitioner absconding cannot be ruled out…is not inclined to grant bail to the Petitioner…”

Advocate Arvind Kumar appeared for the Appellant and APP Aman Usman appeared for the Respondent.

Brief Facts-

The Crime Branch received information about the Petitioner for allegedly procuring materials to manufacture fake anti-cancer injections. A joint team with the Drugs Department raided his premises and found him and an associate refilling empty cancer drug vials with other substances. Both were arrested, and an FIR was registered. Investigations revealed that he was the ringleader of the racket. He allegedly planned to sell counterfeit cancer drugs by refilling empty vials with other medications. Large quantities of fake drugs, packaging materials, and equipment were seized, and 12 individuals were arrested. Financial assets and properties linked to him, purchased with crime proceeds, were frozen. After two failed bail attempts, he approached the Court with the present bail application seeking bail from the High Court on the ground that a co-accused was granted bail.

The Court noted that the primary reason as to why the Court granted bail to the other co-accused is that they were only pawns whereas the Petitioner is the kingpin of the entire racket.

The Court observed, “Since the injections have low and compromised efficacy, there were chances that the patients, to whom these injections were given, can have progression or relapse of cancer and these progression and relapse of cancer can also cause death of the patient.”

“The Petitioner, who has experience in the field of pharmacy, was well aware of his act and he was wilfully involved in this life-threatening and ill-perceived business.” the Court added.

The Court said that the ground of parity cannot be applied to the Petitioner as he is the main person who was heading the racket of manufacture and supply of spurious injections. As per the Court, he is aware of the entire network, he knows about all the persons who are involved in the network and the trail of money.

Accordingly, the Court dismissed the Bail Application.

Cause Title: Viphil Jain v. State of NCT of Delhi (Neutral Citation: 2024:DHC:7540)

Appearance:

Appellant: Advocates Arvind Kumar, Subit Kumar Singh, Ankit Kumar Vats, Gulshan Kumar and Priyanshu Jaiswal

Respondent: APP Aman Usman

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