Delhi HC grants bail to joint drug controller of CDSCO
Sep 06, 2022
Delhi [India], September 6 : The Delhi High Court on Tuesday granted bail to the Joint Drug Controller of the Central Drugs Standard Control Organisation (CDSCO) and a Biocon Biologics executive in a Rs 9 lakh bribery case.
The bench of Justice Anu Malhotra on Tuesday allowed the bail petitions of three persons namely S. Eswara Reddy (Joint Drug Controller, India at Head Quarter, CDSCO, New Delhi), Dr. L. Praveen Kumar, (Associate Vice President and Head-National Regulatory Affairs, M/s Biocon Biologics Limited, Bangalore) and Dinesh Dua (Director, M/s Synergy Network India Private Limited, Delhi) and said the accused apparently are not flight risks and are thus allowed to be released on bail on their furnishing a personal bond in the sum of Rs 1,00,000/- each with two sureties of the like amount
Furthermore, the offenses alleged to have been committed by the applicants are punishable with imprisonment to a maximum of seven years of imprisonment, noted the court.
The Court also stated that on a consideration of the entire available record taking into account the factum that the charge sheet in the matter has been filed. The investigation in the case has also been completed and voice samples of the accused persons have been taken, though undoubtedly the offense alleged to have been committed (if proved) by the applicants is grave, the trial in the matter would take ample time.
Court also said that the applicants through the record appear to have roots in society.
Further, there is nothing to indicate that despite the recommendation made by the Special Expert Committee for waiver of Phase-III clinical trial in the country to M/s Biocon Biologics to import and market Insulin Aspart Injection for the treatment of the diabetic condition subject to the condition that the Phase-IV clinical trial in India would be conducted which also includes a sub-set population to generate pharmacokinetic/ pharmacodynamic (PK/PD) and immunogenicity and to submit the protocol to CDSCO before placing the drug in the market as per guidelines in the country that the said recommendation of the SEC has so far been approved and given effect to by the Drug Controller General of India of the Central Drugs Standard Control Organization.
According to the CBI, it was alleged that the accused was trying to exert undue influence on officers of CDSCO (Central Drugs Standard Control Organisation) under the Directorate General of Health Services, Ministry of Health & Family Welfare (GOI), Delhi to waive the Phase III trial of "Insulin Aspart Injection".
Furthermore, it was alleged that the accused agreed to pay a bribe amount of Rs 9 lakh to JDC, CDSCO for favorably processing the said three files related to a private company based in Bangalore and also for favorably recommending the file of "Insulin Aspart injection" to the Subject Expert Committee (SEC) meeting.
CBI laid a trap wherein the JDC of CDSCO was caught while accepting a bribe of Rs. Four lakh 4 lakh from the Director of Delhi-based private company. The said Director of a Delhi-based private company was also caught. Searches were conducted at 11 places located in Delhi, Noida, Gurugram, Patna, and Bengaluru which led to the recovery of incriminating documents/articles.