"Procured Only Out Of Desperation And Need": HC Directs Delhi Police To Release Covid Medicines, Oxygen Seized From Possession Of Patients Or Attendants

The Delhi High Court on Thursday directed the Delhi Police to immediately release Remdesivir or other covid drug and oxygen cylinders seized from the possession of patients or their attendants after observing that they would have procured the same only out of desperation and in need.

A division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli however directed that the Police will be duty bound to conduct investigation in such cases, cooperation of which shall be given by public at large.

"We also direct the Delhi Police to immediately release the seized Remdesivir or other Drug used for treating COVID-19, or any Oxygen cylinders, which are seized from the possession of the patients or their attendants, since they would have procured the same only out of desperation, and in need. However, the Delhi Police would be bound to conduct the investigation in the case with the assistance and cooperation of all concerned, which shall be rendered by the public at large." The Bench directed.

Furthermore, the Court also directed that while releasing the said properties, it shall be ensured by the Delhi Police that photographs or copies of the relevant documents are retained.

The Court also directed the Investigating Officers to immediately inform their concern District Commissioner whenever any seizure of such medicines or oxygen cylinders is made and that they should also proceed to ascertain the genuineness of the said medicines without waiting for any further orders.

"They should also ensure that the said case property is kept in refrigerated environment, so that the same does not lose its efficacy and become non-usable. The District Commissioners should proceed to pass orders for release of the same without any delay." The Court directed.

The development came on the submissions made by Mr. Kawal Jeet Arora, Secretary, DSLSA stated that at a time when there is huge shortage of the medicines, the same should not be retained as case property and should be released for use by the patients after ensuring that the same is in usable condition and is genuine.

In case of oxygen cylinders, it was submitted that they should be put back in circulation for use by the needy patient.

At this stage, the Court was also apprised about the fact that an application for release of the said properties was moved before the CMM Court, North however was rejected on the ground that the District Commissioner was empowered to pass the order under the Essential Commodities Act.

Advocate Satyakam also apprised the Court that other CMMs have been passing orders for release in other cases. 

"In any event, since the power to pass release orders lie with the District Commissioners, we direct the District Commissioner to pass orders for release of both – the Oxygen Cylinders and the medicines, at the earliest. The released medicines and Oxygen cylinders be made available for use by the Hospitals of the GNCTD as allocated by the Secretary, Health."  The Court directed.

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