Court rejects bail application of accused in Black Fungus injection case – ET HealthWorld

Kanpur: Special judge, Drugs and Cosmetic Act court, Kanpur Nagar Vikas Goel on Monday rejected the bail application of accused Madhuram Bajpai alias Sumant, who has been charged for black marketing of counterfeit Liposomal Amphotericin B Injection Brand Amphinex injection used in the treatment of Black Fungus.

The accused claimed in his bail application that on May 27, 2021, the case was not registered against him but against Gyanesh Kumar and Prakash Mishra and that he had been fabricated in the case due to business rivalry. Since police did not recover anything from his possession and as one of the co-accused Prakash Mishra had already been released on bail, therefore the court should also release him on bail, he stated in his bail application.

When the main accused had not been charged under section 120-B of IPC then how could he be charged under that section, he pleaded.

Additional district government counsel Sanjay Jha whike opposing his bail stated that following a tip offf , the Gwaltoli police had arrested Gyanesh Kumar Sharma and Prakash Mishra and recovered 68 Liposomal Amphotericin B Injection Brand Amphinex and a sum of Rs 1.80 lakh from the dashboard of the car. And during the inquiry they told the police that the recovered injections had been supplied by Pankaj Agarwal, Madhuram Bajpai and Shubham Tiwari, Jha stated.

Drug Inspector Seema Singh who collected the samples from the spot had recovered 68 injections of Liposomal Amphotericin B Injection Brand Amphonex which the accused used to supply to kin of the needy patients, the prosecution told the court.

The ADGC further stated that the main accused told the police that Madhuram Bajpai and others had brought injections from Allahabad and sold them in the market. The government lab after testing the samples of the injection had declared them as counterfeit injections.

As at that time the city was reeling under black fungus disease the accused were selling counterfeit Liposomal Amphotericin B Injection Brand Amphinex on premium prices, he further pleaded.

The court stated in its order, “Selling counterfeit injections during a crisis is a heinous offence against humanity. This court is not bound to follow the order of the other court. Since the bail application of Gyanesh Kumar Sharma, and Vijay Kumar was rejected therefore the bail application of Madhuram Bajpai is also being rejected as there no appropriate ground to release him on bail”.

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