"Criminal Wastage Of Precious Medicine": Allahabad HC Denies Bail To Nurse Accused Of Throwing Unadministered COVID Vaccines In Garbage

Denying her bail, the Court remarked that the offence for which she is made accused is indeed serious in nature and tends to adversely affect the society at large.

The Bench of Justice Rahul Chaturvedi further remarked:

"The Court records its deep concern about those 29 persons who remained unvaccinated and roaming around freely in the society as a potential carrier of its deadly virus under the misconception that they have been vaccinated. The Court also records its strongest exception to the fact that there is criminal wastage of precious medicine."

The matter in brief

The applicant, Niha khan was serving as ANM at Primary Health Centre, Jamalpur, Alighar. A departmental inquiry was initiated against her and thereafter, an FIR was registered to state that she was found prima facie involved in the alleged criminal wastage of the Covid vaccine.

The inquiry report also reported that 29 doses of vaccine were thrown in the garbage without administering the same to its respective beneficiaries but their names were uploaded over the Portal. Thus, leaving 29 persons unvaccinated.

Apprehending her arrest in Case under sections 203, 176, 465, 427 and 120B IPC, Section 3/4 Prevention of Damage to Public Property Act, 1984 and Section 3/4 Pendamic Act, she applied for the grant of Anticipatory Bail before the Allahabad High Court.

She approached the High Court straightway without exhausting its course i.e. without getting the anticipatory bail rejected from the court below, however, the Court heard the matter noting that reasons disclosed/ canvassed were quite convincing to hear and decide it on merits.

Court's observations

At the outset, without expressing any opinion about the ultimate merit of the case, the Court observed its nascent concern in following terms:

"Very recently the entire nation has witnessed the wrath of invisible virus, where thousands of citizens left us forever. Despite of the fact, we are having a limited resource, our scientist has done Yoemen's job in manufacturing the medicine as an antidote of this deadly virus to save our fellow citizens."

"The Govt. of India too being a welfare State is also on a mission mode and making all efforts to vaccinate its citizens pan India free of cost. Our health warriors tirelessly serving the patient day in and day out, without bothering their own comfort, rather risking their own life and their family members. Under the circumstances, we cannot afford to have any seepage or perforation in this mission," the Court further added.

Therefore, taking into account the gravity of the offence, the alleged prima facie involvement of the applicant, the Court accordingly rejected the instant application seeking anticipatory bail stands rejected.

Case title - Niha Khan v. State of U.P. and Another

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