Bombay High Court Takes Suo Moto Case To Ensure Swift Action Against Remdesivir Black marketers

A division bench of Justices ZA Haq and Amit Borkar registered the petition based on a news report in the Hitava (CityLine) of April 28, 2021, about the arrest of 32 persons, including a doctor for black marketing Remdesivir Injections.

A sudden surge of Covid-19 cases has caught medicine manufacturers and distributors off guard, the bench observed, adding, the situation has led to unscrupulous people taking advantage.

The slow pace of investigation and criminal trials are doing little to dissuade black marketeers, the court said. The bench added that it is necessary to take certain unprecedented measures in such an unprecedented time of crisis.

In such crisis situation, the Courts cannot be mute spectator and cannot turn Nelson's eye to such incidents which are reported in the newspaper. To send strong signals to people who indulge in black marketing of life saving drug, it is necessary that the investigation and trial of people accused of black marketing of life saving drug should be taken to conclusion and one of the effective way is to ensure that the trial is completed in swift manner.

The bench appointed advocate SP Bhandarkar to be the amicus curiae in the case. He is also the amicus in the PIL on covid 19 management being heard by a cordinate bench.

During such a crisis, the bench noted that certain persons involved in supplying medicines or having access to drugs try to exploit the needy patients by selling such drugs at astronomical prices. And such cases are seldom reported.

"Since the lives of the needy patients are at stake, the relatives of such patients are ready to pay any amount to save the lives of their loved ones. Since the buyers at such astronomical price are concerned only about the lives of their loved ones, such cases are seldomly reported to the Law Enforcement Agency," the bench noted.

Therefore, it is necessary to initiate measures to deter such unscrupulous persons from indulging in black marketing of life-saving drug like Remdesivir Injection, the court said.

"In exercise of the powers under Section 482 of the Code of Criminal Procedure to secure the ends of justice, we are of the view that considering the reasons stated above, the contents of the newspaper report referred above needs to be registered as Suo Motu Criminal Application."