Aekansh Verma vs. State Nct Of Delhi

Facts

The petitioner, Aekansh Verma, sought regular bail in FIR No. 260/2022, registered under various sections of the Indian Penal Code, including those related to cheating and forgery, concerning the manufacturing and sale of spurious life-saving medicines. The petitioner was arrested on November 16, 2022. Investigations revealed that the petitioner supplied empty capsule shells to an accused, Ram Kumar@ Harbir, who manufactured spurious medicines. The petitioner allegedly used his registered online platform, India Mart, for the supply of these drugs sourced from Dr. Pabitra Pradhan, the alleged mastermind. The petitioner's counsel argued that the supply of capsule shells was a legitimate trading activity by his company, Mediyork Pharma Pvt. Ltd., supported by GST invoices. The charge-sheet has been filed, and the petitioner has been in custody since November 16, 2022. The petitioner was on interim bail due to a family medical emergency.

Held

The Court granted regular bail to the petitioner. The Court considered that the charge-sheet had already been filed and the trial was likely to take a considerable time. It noted that the petitioner was 27 years old, had started his own pharma trading business, and that the transactions involving capsule shells were formal, supported by tax invoices, and distributed via a public online platform, India Mart. The Court opined that keeping the petitioner in custody would serve no purpose and that the prosecution would need to prove its case during the trial. The Court also addressed the technical objection regarding the petitioner being on interim bail, citing precedents like Roop Chand Bajaj v. State and Nitin Chawla v. State (NCT of Delhi), which allow consideration for regular bail even when on interim bail. The Court directed the petitioner to furnish a personal bond and surety, with conditions including not leaving the country without permission, providing permanent and updated addresses, appearing in court, joining investigations, keeping mobile numbers active and location on, and not indulging in criminal activity or contacting prosecution witnesses.

Key Issues

1. Whether the petitioner's role in supplying empty capsule shells, supported by GST invoices and conducted through his registered pharma trading business, constitutes a legitimate trading activity or involvement in the manufacture of spurious drugs, as per the allegations under Sections 420, 468, 471, and 120-B IPC? Petitioner's contentions: The petitioner argued that the supply of empty capsule shells was a bona fide trading activity by his company, Mediyork Pharma Pvt. Ltd., evidenced by GST invoices for March 2022. He contended that his online platform, India Mart, was used for legitimate distribution of pharma products. He also raised the issue of parity, noting that other accused involved in selling spurious drugs and packaging have been granted bail. Respondent's (State NCT of Delhi) contentions: The State argued that given the petitioner's experience in the pharma sector through his own company, he must have been aware of the spurious nature of the medicines. The State relied on the impugned order dated February 15, 2023, by the ASJ, which questioned the petitioner's explanation for purchasing large quantities of empty capsule shells, inferring his involvement in the manufacture of spurious drugs.