Delhi HC refuses bail to man accused of producing, supplying spurious anti-cancer medicines

The court said since the injections, being allegedly sold by the man, had low and compromised efficacy, there were chances that the patients to whom these injections were given could have progression or relapse of cancer which could also cause their death.

“The primary reason as to why this court granted bail to the other co-accused is that they were only pawns whereas the petitioner herein is the kingpin of the entire racket.

“The spurious injections which were primarily being manufactured by the petitioner herein and were being sold in the market have been found to be of sub-standard quality and are harmful for use,” Justice Subramonium Prasad said.

The court said petitioner accused Viphil Jain, who has experience in the field of pharmacy, was well aware of his act and was wilfully involved in this “life threatening and ill-perceived business” and releasing him at this juncture could result in tampering of evidence.

According to the prosecution, in March this year, information was received at Delhi Police Crime Branch’s office that Jain was procuring empty vials and other raw material for preparing spurious anti-cancer injections from his associate Parvez Malik.

Separate teams were formed to unearth the whole nexus and nab the culprits and since the information was about a syndicate indulged in manufacturing of spurious medicines, the Drugs Department of Delhi government was also informed and they were asked to join the team.

Jain and one other person were allegedly caught from a flat in Moti Nagar here while filling the empty vials with some liquid, prosecution said, adding that samples were taken from the spot and were sent to laboratory.

An FIR was lodged and the accused persons were arrested.

It said that raids were conducted at various other places and huge quantities of spurious anti-cancer injections, empty vials, packaging boxes, leaflets, vial rubber caps and vial aluminum caps were recovered and 12 accused persons were arrested.

The counsel for the petitioner sought bail on the ground of parity with other co-accused who have already been granted the relief.

However, the court dismissed the bail plea of Jain, saying he was the main person who was heading the racket of manufacture and supply of spurious injections and was aware of the entire network. He knows about all the persons who are involved in this network and the trail of money, it said.

“This court is of the opinion that if the petitioner is released on bail at this juncture, the likelihood of the petitioner tampering with evidence is extremely high. He has amassed good wealth by manufacturing spurious cancer injections and, therefore, if released on bail, the danger of him absconding cannot be ruled out. Looking at the qualification of the petitioner and his contacts, the chances of him repeating the offence also cannot be ruled out,” it said.