A single-judge bench of the Bombay High Court (HC) comprising Justice Bharathi Dangre recently granted bail to a doctor and a pharmacist of Shivam Hospital at Kandivali, who were accused in the fake vaccination camps case at Hiranandani Society in Poisar.
The management committee of Hiranandani Heritage Society had organized a vaccination camp for vaccinating its society members. One of the members, namely Ashish Mishra, volunteered to assist in this process.
Subsequently, Mishra contacted a Rajesh Pandey who negotiated to provide 400 vaccine doses of Covishield at the premises of Hiranandani Heritage at a price of Rs 1,260.
A total of 390 members of the said society received their vaccine doses at the camp. However, despite the members making their payment, they were not issued receipts, and instead directed to make the payment to another accused. Collectively, the members at Hiranandani Heritage Society paid a sum of Rs 4,56,000 to one of the accused.
After the members complained that they did not receive the vaccination certificate, the accused issued certificates to the members showing that they were vaccinated from different hospitals.
The counsel representing the two accused, the doctor and the pharmacist, argued before the court that they are respectable members of the society and are owners of Shivam Hospital situated at Kandivali West, which has nearly completed 27 years. He submitted that there was no complaint in respect of vaccines which were administered. Still, the accusations that are leveled against the present applicants are in respect of fake vaccines being administered at different vaccination camps, which were conducted under the aegis of other co-accused.
He also argued that the only incriminating circumstance, which has been relied upon, to implicate the applicants is a confession letter given by one of the co-accused, where he stated that vaccines and other relevant items were organized through Shivam Hospital, Kandivali West.
The Additional Public Prosecutor argued that the offense is serious in nature and the applicants by hatching a conspiracy with other co-accused, have administered fake vaccines, knowing they are not genuine and have received consideration for the same from the distinct persons, who were administered the said vaccines.
The high court, while granting bail, said that there were no adverse effects or deaths due to the fake vaccine. “It is not the case of the prosecution that on account of the alleged vaccines found to be spurious, some death had taken place or any patient suffered from any adverse effect. Though the offence registered has serious repercussions and the consequences, which reflect that innocent common man, on the pretext of an authorised vaccine being administered to him, has shelled out his hard earned money only to find out that the vaccine was not genuine. Ultimately, this is a matter of trial and, undisputedly, if the prosecution prove its case during trial, the applicants will take the necessary consequences” the order stated.
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