[Fake Cancer Drugs] Delhi HC Denies Bail To Accused Individuals

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Synopsis

This operation involved procuring empty vials at costs ranging from Rs 3,000 to Rs 6,000, refilling them with counterfeit substances, and selling them for Rs 40,000 to Rs 50,000 through pharmacies and online platforms.

The Delhi High Court, on Tuesday, denied bail to individuals accused of manufacturing and selling counterfeit cancer and chemotherapy drugs. The investigation exposed a network involving top hospitals, resulting in eight victims, including one fatality, and the seizure of over 140 vials of fake drugs valued at Rs 4 crore.

The bench of Justice Chandra Dhari Singh noted that ED presented, “Sufficient material to warrant judicial custody including statements of co-accused, electronic records etc. These materials suggest an active involvement in laundering proceeds of crime”. 

During the hearing, the court remarked that the evidence strongly indicated the laundering of proceeds of crime, necessitating a thorough trial. The court further noted that the applicant failed to provide sufficient evidence to counter the allegations or justify the grant of bail. 

Advocate for the State however informed the court that Aditya Krishna (one of the accused) is out on medical bail. Taking this into account, the court directed the accused to surrender within seven days, ensuring adherence to due process.

The investigation uncovered a significant scam involving counterfeit cancer medications. Victims of the scam included an Uzbekistan national who purchased six injections for Rs 5.92 lakh, a resident of Jammu and Kashmir who bought two injections for Rs 1.80 lakh, and a Haryana resident who acquired six injections for Rs 5.67 lakh. Other victims included a woman from Chandigarh who purchased ten injections for her mother at Rs 13.50 lakh, a Punjab resident who spent Rs 16.20 lakh on twelve injections for his mother, and another Chandigarh woman who paid Rs 13.50 lakh for ten injections for her grandmother.

The chargesheet also highlighted an incident in Madhubani, Bihar, where a man’s wife, suffering from mouth and lung cancer, deteriorated after receiving counterfeit Keytruda injections. Following treatment at the Rajiv Gandhi Cancer Institute and Buddha Cancer Hospital in Patna, the man purchased four injections for Rs 3.60 lakh from an online contact named Love Narula. After administering two injections, the patient’s health worsened, leading to her death on September 11, 2022.

In March, seven suspects were arrested by the Inter-State Cell of the Crime Branch in collaboration with the Delhi government’s Department of Drugs Control. This was followed by the apprehension of five more individuals. Delhi Police, therefore, filed a chargesheet against the accused before Tis Hazari Court in July 2024. 

The investigation revealed that four of the accused worked in the oncology departments of leading cancer hospitals in Delhi and Gurgaon. Among them, two were pharmacists at the Rajiv Gandhi Cancer Institute, while others were associated with Fortis Memorial Research Institute, Millennium Cancer Center in Gurgaon, and Venkateshwar Hospital in Delhi.

For Petitioner: Senior Advocate Siddharth Aggarwal with Advocate Tanya Agarwal
For Respondent: Special Counsel Manish Jain with Advocates Sougata Ganguly, Rukban Tyagi, Gulnaz Khan and Snehal Sharda
Case Title: Aditya Krishna v Directorate Of Enforcement (BAIL APPLN.-3464/2024)