Justice Paresh Upadhyay of the Gujarat High Court, in order dated 9th August, 2021, stressed that State Authorities needed to come up with uniform policy of arresting anyone if they were found with illegally procured Remdesivir injections.
In the case of Nitesh Kailashkumar Joshi v. State of Gujarat & Police Commissioners, Ahmedabad & Vadodara , the petitioner expected to be arrested under (PASA) Prevention of Anti-Social Activities Act, Sections 420 and 114 of the Indian Penal Code, Sections 3, 7 and 11 of the Essential Commodities Act.
It was not stated directly in the order, but the Court noted that allegedly a political party had distributed 5000Remdesivir injections in Surat, and that act was not brought under the PASA. In para 5 of the order, it was noted that there is a huge concern that State Authorities are actually not going to arrest people in all such cases of illegal Remdesivir procurement, and the State may rather be influenced by the position of the concerned person against whom complaint may be made, and hence the need to have a uniform policy.
The pre-detention order against Nitesh Joshi was set aside till the time the State Authorities have given their uniform policy.