Man accused of selling fake meds denied bail
Ozempic is used to cure Type-2 Diabetes and is an anti-obesity medication used for long-term weight management.
The order was passed by additional sessions judge Saurabh Partap Singh Laler of Patiala House Court. The court was deciding on an anticipatory bail plea moved by Vicky Ramancha, who has been accused of criminal conspiracy and cheating a foreign firm by supplying them counterfeit pharmaceutical drugs, specifically Ozempic.
A case was lodged against Ramancha by the Delhi Police Economic Offences Wing (EOW).
The court said, 'The discretionary remedy of anticipatory bail cannot be granted in circumstances where allegations involve grave offences against public health and safety, international ramifications threaten India's pharmaceutical industry reputation…grant of bail would undermine public confidence in criminal justice system.'
The prosecution claimed that the accused was part of a trans-national fraud operation that purportedly caused financial losses exceeding USD 18.8 million to the complainant company.
The police further claimed that investigation revealed a systematic pattern of criminal misconduct wherein false representation was created by the accused of having legitimate pharmaceutical supply chains and government connections in India.
Police said that false certificates were notarised by Patiala House Courts itself to create a false impression and build trust for larger transactions.
To be sure, the case also attracted the attention of US federal authorities, wherein the complainant company received subpoenas (notice to appear in court or produce evidence) from the US Department of Justice regarding potential violations of federal criminal laws, including importation and misbranded drugs.
Advocate Yagyesh Kumar, appearing for the accused, argued that the case did not fall within the territorial jurisdiction of the court as the transaction took place outside the country and a commercial arbitration case was already ongoing at London Court of International Arbitration (LCIA).
He further added that the fake medicines were due to genuine business difficulties rather than with a criminal intent.
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