IN THE COURT OF NARENDER,

ADDITIONAL SESSIONS JUDGE, CHANDIGARH.

I
Bail Application No. 583 of 2021.
Date of Instt. : 07.05.2021
CNR No. CHCH010027582021.
Date of order : 20.05.2021.
UID No.HR 0142

Philip Jacob, Aged about 47 years, S/o late Thomas Jacob, R/o Auxilium Pala
Lalam, Kottayam, District Kottayam, State Kerala, India

......Applicant.
Versus.
State of U.T. Chandigarh.
.....Respondent.

Bail Application under Section 439 Cr.P.C.

Present: Sh.Mandeep Singh, Advocate for applicant-accused.

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om.

II

Bail Application No. 593 of 2021.

Date of Instt. : 11.05.2021
CNR No. CHCH010027972021.
Date of order : 20.05.2021.
UID No.HR 0142

K.P. Francis, aged 59 years s/o Sh. Tharian Payapilli Paulose, R/o House
No.723/A, Payya Koluvan, Mannanam Athirampuza, Kottayam, Kerala,
India,

Narender
Addional Sessions Judge
Chandigarh
 ......Applicant.
Versus.
State of U.T. Chandigarh.
.....Respondent.

Bail Application under Section 439 Cr.P.C.

Present: Sh.Raj Kamal, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

III
Bail Application No. 592 of 2021.
Date of Instt. : 11.05.2021
CNR No. CHCH010027922021.
Date of order : 20.05.2021.
UID No.HR 0142

Susheel Kumar, Aged about 38 years, S/o Ram Saran, Through his Pairokar
brother Sh. Mridul Moudgil, Age about 31 years, both are R/o 9/7 FF, Kalka
Ji Extn., Nehru Enclave, Kalka Ji, South Delhi, India

......Applicant.
Versus.
State of U.T. Chandigarh.
.....Respondent.

Bail Application under Section 439 Cr.P.C.

Present: Sh.Karan Bhardwaj, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

IV

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Addional Sessions Judge
Chandigarh
Bail Application No. 602 of 2021.
Date of Instt. : 13.05.2021
CNR No. CHCH010028232021.
Date of order : 20.05.2021.
UID No.HR 0142

Gaurav Chawla, Aged 41 years, s/o Sh. Desraj Chawla, R/o House No.349,
Mamta Enclave, Dhakoli, Zirakpur, District Mohali, Punjab.

......Applicant.
Versus.
State of U.T. Chandigarh.
.....Respondent.

Bail Application under Section 439 Cr.P.C.

Present: Sh.Rabindra Pandit, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Bail Application No.620 of 2021.

Date of Instt. : 18.05.2021
CNR No. CHCH010028352021.
Date of order : 20.05.2021.
UID No.HR 0142

Prabhat Tyagi, aged 48 years, S/o Sh. Chandra Raj Singh Tyagi, R/o House
No.G-2/189, Gulmohar Colony, Huzur, Bhopal, Madhya Pradesh

......Applicant.
Versus.
State of U.T. Chandigarh.
.....Respondent.

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Addional Sessions Judge
Chandigarh
 Bail Application under Section 439 Cr.P.C.

Present: Sh.H.S. Ghuman, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

ORDER :

1. Vide this order, this court shall dispose off as many as five regular bail

applications under Section 439 Cr.P.C., arising out of the same FIR bearing No.56

dated 18.04.2021, U/Ss 420, 120-B IPC, Section 7 E.C. Act and Section 27 of Drugs

& Cosmetics Act, registered at PS Sector-17, Chandigarh.

2. It is the case of prosecution that on 17.04.2021, a secret information

was received to the effect that as many as 4-5 persons who were staying in Hotel Taj,

Sector-17, Chandigarh had met some customers in connection with the sale of

medicine i.e. Remdesvir. These persons were not authorized for the said purpose as

they had no permit or license in this regard. Upon the said secret information, the

police team headed by ASI Surjit Singh reached at Hotel Taj and found some persons

sitting there and discussing. One person was holding a box mentioning Remdesvir

Health Biotech in his right hand. They were apprehended and disclosed their

identities. Further, after interrogation, a raid was conducted at M/s Health Biotech

Pvt. Ltd., Nalagarh Road, Baddi, Himachal Pradesh with concerned Drug Inspectors

and total 30 boxes containing 100 injections of Remdesvir in each box (total 3000

injections) were recovered and sealed.

3. It was argued by the learned counsel appearing for the applicants that

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Addional Sessions Judge
Chandigarh
they have been falsely implicated in this case for no fault on their part. It was also

argued that co-accused Paramjit Singh Arora who is the owner of M/s Health Biotech

Company from where the alleged 3000 injections of Remdesvir were recovered, has

since been granted interim bail by the court of Dr. Pankaj, the then learned ASJ,

Chandigarh. The applicants did not hatch any criminal conspiracy in order to cheat

any person of the society. Further, the applicants did not take undue profit by selling

Remdesvir injection in black at any point of time. Trial will take long time to

conclude and no useful purpose will be served by keeping the applicants in judicial

custody for any longer period. There is no other case pending against any of the

applicants.

4 On part of applicant Philip Jacob, it was argued that neither any

recovery was effected from him nor he had given any order for Remdesvir to M/s

Health Biotech Company. Further, no allegation of cheating and criminal conspiracy

are attracted against him. Lastly, it was argued that the provisions of Drugs &

Cosmetics Act are also not attracted against him.

4.2 On behalf of applicant K.P. Francis, it was argued by the learned

counsel by putting on record his written submissions (without court fee) that this

applicant was having drug license and was entitled to trade in pharmaceutical

products. He is an authorized distributor of many international pharma companies. He

has been falsely implicated in this case by showing him as the seller of Remdesvir

medicine. Further, the recovery of one injection of Remdesvir was recovered from co-

accused Abhishek P.V. The other alleged recovery of 3000 injections of the same drug

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Addional Sessions Judge
Chandigarh
was made from M/s Health Biotech, Himachal Pradesh. The other entire written

submissions placed on record on part of applicant have been gone through by this

court. The learned counsel has also relied upon the case of “ Union of India Vs.

Ashok Kumar Sharma & Ors. 2020 (3) RCR (Criminal) 726 (SC) ”. This case

law has been perused by this court in the light of the facts and submissions put fourth

by the learned counsels.

4.3 On behalf of applicant Susheel Kumar, it was argued by the learned

counsel appearing on his behalf that the said applicant has his pharmaceutical

company named after “Seatrack International Tradex Pvt. Ltd” and his dealing with

“M/s Rescuers Life Sciences Ltd”. was absolutely lawful. The applicant had also

exported the medicine called Primavir-Favipiravir tablets 200mg to foreign countries.

The employees of “M/s Rescuers Life Sciences Ltd”. had proposed that a sister

concern of their company namely M/s Health Biotech Pvt. Ltd. was authorized

manufacturer of Remdesvir medicine and was looking for a prospective whole sale

dealer. The petitioner had no reason to disbelieve the same and went at its registered

office in Chandigarh for discussions who was further invited for further discussions at

Hotel Taj on 18.04.2021. The present FIR is based on a concocted story and the

applicant has been falsely implicated in the same who is an innocent person. No

recovery was effected from him and no offence is made out against the said applicant.

4.4 On part of applicant Gaurav Chawla, it was argued that he is an

innocent person and has no connection with the alleged offence. He has been falsely

involved in this case by the police by projecting a false story. Nothing was recovered

from his custody. The alleged case property was further not recovered from him.

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Addional Sessions Judge
Chandigarh
4.5 On part of applicant Prabhat Tyagi, it was argued by his learned counsel

about his false implication in the present FIR. Section 7 of Essential Commodity Act

is bailable offence. Further, it was argued that prosecution under Section 32 of the

Drugs & Cosmetics Act, 1940 under Chaper-IV can be instituted by Inspector or by

an aggrieved person or by a recognized consumer association. The police was not

authorized to launch prosecution under Section 27 of the Act. Lastly, it was argued

that the applicant is in custody since the date of his arrest and no useful purpose

would be served by keeping him in judicial custody for any longer period. The

learned counsel has also placed his reliance upon the case of Union of India Vs.

Ashok Kumar Sharma & Ors. 2020 (3) RCR (Criminal) 726 (SC).

5 On the other hand, it was vehemently argued by the learned Addl. PP

that mere long custody does not make the applicants entitled to be granted concession

of bail. There are serious allegations against the applicants as they had hatched a

criminal conspiracy to sell Remdesvir injections in black during Covid Pandemic

period. In case, they are given concession of bail, they can abscond from the trial of

the case and will also hamper the on going process of investigation. It was further

argued that the applicants tried to cheat the general public by hatching criminal

conspiracy to deal in the sale of Remdesvir injections in black just to amash wealth.

knowing well that the Remdesvir injection was deeply required to the serious Covid-

19 Pandemic patients to save their valuable lives being an essential drug as part of

essential commodity. In this regard, the learned Addl. PP has placed his reliance upon

the judgment dated 30.04.2021 passed by the Hon’ble Apex Court in Suo Motu Writ

Petition (Civil) No.3 of 2021 . The same has been gone through by this court in the

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Chandigarh
light of the above referred submissions of the learned PP. The bail applications in

hand thus were vehemently opposed by the learned Public Prosecutor.

6 Without commenting anything on the merits of the case, it is the settled

law that mere long custody does not make the accused entitled to be given concession

of bail. As per the contents of the FIR, a deal for the sale of Remdesvir injection

manufactured by M/s Health Biotech Pvt. Ltd. was going on at Hotel Taj when the

raid was conducted by the police in the light of a secret information received to it. It is

an admitted fact that M/s Health Biotech Pvt. Ltd. was not granted any license for

domestic supply of the said drug namely Remdesvir injection. It is further an admitted

fact that the authorities of M/s Health Biotech Pvt. Ltd. had only written to the

concerned government authorities to give them permission for the supply of the said

drug. Thus, from the contents of the FIR and the rival submissions of the learned

counsel for the parties, it has prima facie come before the court that M/s Health

Biotech Pvt. Ltd. had manufactured Remdesvir injection without the prior permission

and authority of the concerned government department to supply it in the domestic

market. Some of the applicants/accused who had traveled from the Southern States of

the country up to Chandigarh thus, did not verify properly this fact that the

manufacturer with whom they were dealing to purchase the said drug was not yet

granted permission by the concerned government department to supply or sale the

same in the domestic market. This fact some where shows that the intention of the

applicants was not up to the mark. It is the fact which is further clear from the

prevailing scenario that the Remdesvir injection was severely and deeply required for

the Covid-19 Pandemic serious patients which they were not getting easily just to

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Addional Sessions Judge
Chandigarh
save their precious and valuable life. In these circumstances, the case law relied on

the part of the applicants is not of any help for them in the given facts and

circumstances though this court has the utmost respect to the law laid down therein.

Accordingly, all the above titled five bail applications are dismissed finding no merit

therein.

7. However, it is made clear that a copy of this order be also placed in all

the connected bail applications referred above to avoid any confusion in future.

Further, it is made clear that the above observations shall have no bearing on the

merits of the case as the same have been given only for the purpose to decide the

applications under adjudication.

Files be consigned to records after due compliance.

Pronounced on:18.05.2021 Narender

Additional Sessions Judge
Chandigarh UID No.HR0142

Note: All the nine pages of this order have been checked and signed by me.

(Narender),
Addl. Sessions Judge,
Chandigarh 20.05.2021.
(UID No.HR 0142)

Sandeep
Stenographer-II

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Addional Sessions Judge
Chandigarh
 Philip Jacob Vs. State

Present: Sh.Mandeep Singh, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Reply filed. Copy supplied through Naib Court.

Arguments heard.

Order pronounced.

Vide my separate detailed order of even date, passed in the

present bail application, the present bail application as well as all other four

connected bail applications titled as K.P. Francis Vs. State bearing CNR

No.CHCH010027972021, Susheel Kumar Vs. State bearing CNR

No.CHCH010027922021, Gaurav Chawla Vs. State bearing CNR

No.CHCH010028232021, Prabhat Tyagi Vs. State bearing CNR

No.CHCH010028352021 have been dismissed. A copy of the main order be

also kept in the consolidated bail applications to avoid any future confusion.

File be consigned to the record room after due compliance.

Pronounced: ( Narender )
20.05.2021 Additional Sessions Judge,
Chandigarh
UID No.HR0142

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Addional Sessions Judge
Chandigarh
 K.P. Francis Vs. State

Present: Sh.Raj Kamal, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Arguments heard.

Order pronounced.

Vide my separate detailed order of even date, passed in the main

bail application titled as Philip Jacob Vs. State bearing CNR

No.CHCH010027582021, the present bail application has been dismissed. A

copy of the main order be also kept in the present bail application to avoid

any future confusion. File be consigned to the record room after due

compliance.

Pronounced: ( Narender )
20.05.2021 Additional Sessions Judge,
Chandigarh
UID No.HR0142

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Addional Sessions Judge
Chandigarh
 Susheel Kumar Vs. State of U.T. Chandigarh.

Present: Sh.Karan Bhardwaj, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Reply filed. Copy supplied through Naib Court.

Arguments heard.

Order pronounced.

Vide my separate detailed order of even date, passed in the main

bail application titled as Philip Jacob Vs. State bearing CNR

No.CHCH010027582021, the present bail application has been dismissed. A

copy of the main order be also kept in the present bail application to avoid

any future confusion. File be consigned to the record room after due

compliance.

Pronounced: ( Narender )
20.05.2021 Additional Sessions Judge,
Chandigarh
UID No.HR0142

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Addional Sessions Judge
Chandigarh
 Gaurav Chawla Vs. State

Present: Sh.Rabindra Pandit, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Reply filed. Copy supplied through Naib Court.

Arguments heard.

Order pronounced.

Vide my separate detailed order of even date, passed in the main

bail application titled as Philip Jacob Vs. State bearing CNR

No.CHCH010027582021, the present bail application has been dismissed. A

copy of the main order be also kept in the present bail application to avoid

any future confusion. File be consigned to the record room after due

compliance.

Pronounced: ( Narender )
20.05.2021 Additional Sessions Judge,
Chandigarh
UID No.HR0142

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Addional Sessions Judge
Chandigarh
 Prabhat Tyagi Vs. State

Present: Sh.H.S. Ghuman, Advocate for applicant-accused

Sh.J.P.Singh, Addl.PP for State with IO Inspector Hari Om

Reply filed. Copy supplied through Naib Court.

Arguments heard.

Order pronounced.

Vide my separate detailed order of even date, passed in the main

bail application titled as Philip Jacob Vs. State bearing CNR

No.CHCH010027582021, the present bail application has been dismissed. A

copy of the main order be also kept in the present bail application to avoid

any future confusion. File be consigned to the record room after due

compliance.

Pronounced: ( Narender )
20.05.2021 Additional Sessions Judge,
Chandigarh
UID No.HR0142

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Addional Sessions Judge
Chandigarh