NAGPUR bench of Bombay High Court on Tuesday mooted a dedicated court to prosecute those indulging in black-marketing of Remdesivir and also a special public prosecutor to ensure conviction of such unscrupulous persons playing with lives of hapless covid-19 patients. A division bench consisting of Justice Z A Haq and Justice Amit Borkar while hearing the suo-motu criminal application initiated on the basis of ‘The Hitavada’ news-report highlighting rampant black-marketing of Remdesivir and arrest of 32 black-marketeers, made it clear that such culprits need to be swiftly punished. Since charges slapped against them are triable before JMFC and some before Chief Judicial Magistrate, the HC mooted designating a special court of CJM rank judicial officer or if some of the charges are to be tried by Sessions Court then before a designated Sessions Court.

 

“We would like to appoint a special public prosecutor to ensure that such offenders are punished,” the HC observed. The High Court, while referring to news-report detailing black marketeers nabbed by city police in last one week, stressed the need of some unprecedented measures to control the activities of such unscrupulous elements while praising Nagpur Police for its prompt action. The High Court had directed swift prosecution and proper investigation to ensure conviction of such undesirable and greedy persons of 32 persons including a doctor, staffers of hospitals and a medical representative. Commissioner of Police Amitesh Kumar gave details about FIR registered against these persons and promised to file chargesheets within next few days and proper follow up to prosecute them in the shortest possible time. Amicus Curiae Shreerang Bhandarkar suggested clamping of several penal provisions against black-marketeers.

 

They should be charged under sections 120-B, 168, 188, 269, 270, 304, 337 415 420, 406 of the Indian Penal Code. Further, the accused must also be booked under Bombay Drugs Control Act, 1959, if the accused is having licence to sell the medicine and involved in black marketing and also under Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and also under Disaster Management Act. The Amicus suggested slew of measures to curb the black marketing of life saving drugs i.e., Remdesivir, Tocilizumab, Covifor etc injections and also suggested to create a WhatsApp number to register complaints.