BAIL APPLICATION

For: Sardar Khan, Faisal Khan and Ramadhir Singh

BY: SHUCHI PUROHIT, JAGATJEET SINGH, ANUSHKA MUNDRA AND RISHAB JAIN
BA LLB, Sec-E
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IN THE COURT OF THE DISTRICT JUDGE, DISTRICT COURT COMPLEX

RAIPUR, CHHATTISGARH
 
BAIL APPLICATION NO. 47 OF 2020  
IN 
C.T. NO. 17 OF 2020
 
IN THE MATTER OF:
 
1.     SARDAR KHAN, age 47                                   …APPLICANT NO. 1
           S/o Shahid Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
2.     FAISAL KHAN, age 31                                     …APPLICANT NO. 2
           S/o Sardar Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
3.     RAMADHIR SINGH, age 52                            …APPLICANT NO. 3
           S/o Dharamveer Singh, R/o 9, Civil Lines, Dhanbad, Bihar
(In Judicial Custody since 01.05.2020)

Versus
 
           STATE OF CHHATTISGARH                                      ….
RESPONDENT
 
U/s: Section 188 and 420 of
IPC        
                                                                                   Complaint No. 13 OF 2020
                                                                       P.S. – Crime Branch, RAIPUR
 
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APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 ON BEHALF OF THE APPLICANT/ ACCUSED MR.
SARDAR KHAN, FAISAL KHAN ANDRAMADHIR SINGH FOR GRANT
OF REGULAR BAIL.

Most Respectfully Showeth as under:

 
1. That the present Application has been filed on behalf of Sardar
Khan, Faisal Khan and Ramadhir Singh (hereinafter referred to
as the “Applicants”) for seeking regular bail in the above
mentioned case. This case is pending for adjudication before
this Hon’ble Court and the next date of hearing is fixed for
08.05.2020.

2. In the present application the Applicant(s) are Managing

Director’s and General Manager respectively of Perpendicular
Soft Gel Co. registered at 13, Industrial Area, Raipur, 492010.
The appointment letter of the applicants is Annexed as
ANNEXURE A. The Applicants are good law abiding citizens
holding their posts for the last eight years. The Applicants were
arrayed as accused in the present case pursuant to a raid
conducted by a Special Operations Team constituted by the
Food and Drugs Administration along with the State Police  of
Chhattisgarh.Two of the three Applicants, namely, Mr. Sardar
Khan and Mr. Faisal Khan have been in continuous
incarceration/judicial custody since 25.03.2020 i.e. the date of
arrest. They are presently lodged at District Jail, Raipur. The
third applicant, Mr. Ramadhir Singh, has been in continuous
incarceration/judicial custody since 01.04.2020 i.e. the date of
arrest and is presently too lodged at District Jail, Raipur. 

3. On the basis of the  Complaint by Sultan Qureshi, Proprietor of

Qureshi Softgel Company, a FIR bearing No. 13/2020, at Crime
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Branch Raipur, was lodged against the above mentioned

Accused(s) on 25.03.2020 under Sections 188 and 420 of
Indian Penal Code, 1860, which is Annexed as ANNEXURE B

4. The present case is pending trial before this Hon’ble Court, and
is listed for the purpose of initial arguments  on 08.05.2020

5. It is noteworthy to mention that the Applicants hold a very good

reputation in society and that they have not been charged with
any kind of criminal activity, whatsoever. The Applicants have
no criminal, civil or any antecedents with the law and hold the
utmost respect for the law. 

6. The Applicants and the Company has been the forerunner in

supplying life saving drugs to Dr. Bhimrao Ambedkar Hospital,
Raipur (700 bedded) and AIIMS, Raipur (960 bedded), since
the company’s inception. Furthermore, the Applicants believe
in the cause of community service and have been investing 10%
of their annual net profits in various areas under the  Corporate
Social Responsibility. The Company has also decided to let go
of any profits that it shall accrue from the sales of hand
sanitizers by decreasing  the selling price of hand sanitizers 
from Rs. 100/-  a piece to Rs. 50/- a piece. This decision has
been taken in light of the public health crisis caused by Covid-
19 and to ensure that even the poorest population has access to
such an essential product in this state of crisis. The Board
Meeting to decrease the price is Annexed as  ANNEXURE C

7. It is submitted that the present Applicants have been under

incarceration for more than one month (42 days for Applicant
no. 1 & 2 and 35 days for Applicant no. 3), wherein, the
Investigating Agency, has not taken any steps whatsoever to
come forth and produce any substantial evidence or report on
the basis of which the arrest took place and the factory was shut
down.
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8. The brief facts and circumstances leading to the filing of the

present Application are as follows:
a. On 24.03.2020, the Food and Drug Administration (FDA)
received information from the proprietor of Qureshi
Softgel Company Raipur, Mr. Sultan Qureshi, claiming
that Perpendicular Softgel Company (hereinafter referred
to as the “Company”) had been manufacturing and
circulating fake hand sanitisers in the market.

b.  Subsequently the Special Operations Team (SOT)

including FDA and State Police, on basis of false,
erroneous and vengeful information provided by Sultan
Qureshi raided the factory premises of Perpendicular
Softgel Company at 13, Industrial Area, Raipur on
25.03.2020. The SOT allegedly declared that 30,000
(Thirty Thousand) units of 100ml sanitizers seized by
them had  no real germ-killing properties. They also
seized raw materials on the premises (primarily ethanol
and isopropyl alcohol) worth Rs 1 Crore. On observation
of manufacturing and supply books the SOT declared
that 2,00,000 (Two Lakhs) bottles worth
Rs.2,00,00,000/- (INR Two Crores only) was already
marketed. Furthermore the SOT erroneously alleged that
Perpendicular Softgel Company does not have the
requisite licenses and permissions to acquire ethanol as
they had surrendered their license two years back. The
SOT also erroneously reported that the hand sanitizers
were being manufactured under unhygienic conditions
by labourers in complete violation of social distancing
norms mandated by the Government.

c.  The SOT identified three alleged suspects in their First

Information Report (FIR) who are the Managing
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Directors and General Manager of the accused Company

since its inception (8 years) i.e. Sardar Khan and Faisal
Khan (Managing Directors of the Company) and
Ramadhir Singh (General Manager of the Company). 

d.   Subsequently, the Company issued an official press

statement in defence of the staged and vengeful raid
stating that “Ours is a 100-crore manufacturing unit
with a reputation of manufacturing quality products. It
is not that we were manufacturing the goods in a single
room unit violating social distancing norms. Further we
had applied for the license to manufacture hand
sanitizers and are in touch with the authorities for this
purpose.”

GROUNDS
i) It is submitted that during the recent unfortunate turn of
events that the entire world is faced with due COVID-19
pandemic, the Hon’ble Supreme Court took suo-moto
cognisance in Suo Moto Writ Petition No. 1/2020.
Considering the overcrowding of cells in India, amounting
to an occupancy of 117.6% at an average. The order passed
on 23.03.2020 is a directive to all the states and Union
Territories of India to release prisoners who have been
detained for offences which are punishable with 7 years
imprisonment or lesser. The order has been attached as
ANNEXURE D. That the Applicants have been charged
under Sections 420 and 188 of the Indian Penal Code, 1860
and have been incarcerated for 42 and 35 days respectively.
Section 420 amounts to cheating and dishonesty inducing
delivery of property. The maximum punishment awarded
under Section 420 is a term of seven years and a fine. 
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ii) It is further submitted that Applicant No.1, Sardar Khan,

aged 47 is suffering from congenital heart disease. As per
the applicants medical records, he had suffered heart attacks
on two previous occasions and has been put under a strict
watch by the doctors. He is mandated to spend more than 16
hours a day under strict medical supervision. While his time
in judicial custody, he has for the entire period of 42 days
stayed in the infirmary at District Jail, Raipur. However, the
infirmary is not equipped well enough to care for the
applicant and he has been forced to make daily visits to the
hospital. His incarceration is taking a substantial effect on
his health due to the abstinence of medical and dietary care,
alongwith the risk of exposure to the ongoing coronavirus.
The Applicant’s medical records are Annexed as
ANNEXURE E  

iii) Applicant No. 2, Faisal Khan, aged 31 is diagnosed with

level 2 Lung Cancer. Prior to his arrest he has been through
multiple surgeries and treatment conducted at Fortis
Hospital, Gurgaon. The doctors in their reports have opined
that the applicant shall need heavy dosage of chemotherapy
and medical processes, in case he wants to have a chance of
survival. The infirmary at the District Jail is not equipped to
perform the procedures daily. The doctors in their report
have observed that the cancer is spreading at a higher rate
than its being treated after the arrest of the applicant because
it's difficult for him to access the required medical resources
and drugs inside judicial custody. The Applicant’s medical
records are Annexed as ANNEXURE F 

iv) Applicant No. 3, Ramadhir Singh, aged 52 is a Diabetic

Patient for the past 14 years for which there is a consistent
dietary restriction that he needs to adhere to, along with
daily blood sugar levels checks and doses of insulin. The
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conditions mentioned above would not just be unconducive

to lead a healthy lifestyle during incarceration but also have
a fatal effect on the health of the concerned Applicant. The
Applicant’s medical records are Annexed as ANNEXURE
G 

v)It is also submitted that the accusation levied on the

applicants of violating the social distancing and working
under unhygienic conditions norms set forth by the
Government is in entirety false and baseless. According to
the government notification .No. 1(2)/2020-SP the Company
had divided the staff into shifts of three, every shift lasting
for eight hours. Further, in accordance with the notification,
the workmen were reduced to one-third the total workforce,
for every shift. Moreover, significant changes were taken up
by the applicants by providing masks and gloves to every
worker. This can be seen in the attached CCTV footage
under ANNEXURE H, where it is clear that all social
distancing norms as per the government rules have been
followed. Henceforth, the charges levied on the Applicants
in violation of Section 188 of the IPC, 1860 are absolutely
false and baseless.

vi) It is noteworthy to mention that the applicant’s Company

has a very good market reputation. They are known to
manufacture goods of utmost quality and this is due to the
rigorous quality control policies set up by the Company. The
accusation that the Company has been selling and marketing
a faulty/adulterated product is completely preposterous and
cannot be taken into relevant consideration especially when
the SOT has failed to provide any evidence or test reports to
support their accusations.It is imperative to mention that  the
goods seized by the SOT are tested daily by our audit
laboratory for quality control, the latest report is Annexed as
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ANNEXURE I. Moreover the composition and formula of

the hand sanitizer is one which is approved by the World
Health Organisation (WHO), Ministry of Consumer Affairs
and the Indian Medical Association, ANNEXURE J 

vii) Chhattisgarh Food & Drug Administration on

10.03.2020 conducted chemical testing on the products of
the Company in lieu of their application for license of
procurement of chemicals and raw materials for production
of hand sanitizers. The FDA in its report approved the two
products namely ‘Sparsh Hand Sanitizer’ and ‘Dr. Buddy
Hand Sanitizer’ to be fit for production and sale. The report
is Annexed as ANNEXURE K.

viii) It is further important to mention that “Qureshi Softgel

Company”, a hand sanitizer manufacturing company has
held the majority market share of hand sanitizers in Raipur
and a few neighboring districts for the last couple of years.
But since the arrival of the applicant’s company in the same
market, they have lost a substantial market share and have
been threatened with their monopoly market position. We
have reasonable belief and evidence, by way of FIR
registered by the Police, that this arrest has been instigated
by this company by providing falsified information to the
police and to regain their monopolistic position in the
market.

ix) Henceforth, the claim of the SOT that the hand sanitizers
seized at the premises of the Company are fake and
adulterous are mere claims without any hard evidence. The
claims are such, which are embedded into the SOT by
Qureshi Softgel Company of its own personal gains. The
SOT has failed on numerous accounts to provide the court
with the Forensic Science Laboratory (FSL) report to
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support its wide speculation. The preliminary evidence

provided by the applicants clearly indicates utmost quality
and standards of hand sanitizers being manufactured in the
premises. The FDA also has negligently ignored their very
own test report where they had found the products of the
applicants to fit the mandated quality standards. This clearly
indicates that the SOT has not applied its mind while trying
to frame the applicants in this false and frivolous case.

x) It may be further noted that the police violated almost all

procedures to unlawfully raid the manufacturing unit in this
case, firstly by failing to produce a warrant for search and
seizure. In fact, on the day of the unlawful raid the
applicants were not even present in the factory premises.
Moreover, the SOT had decided even before it raided that
the products at the premises were spurious, misbranded and
adulterated. The FIR filed by the SOT, clearly states that the
seized products were fake and adulterous without
conducting any tests whatsoever. This indicates a malice in
the SOT’s intentions. SOT also failed to produce any civil
witness at the time of search and seizure of the premises.
Upon the arrest of the applicants, they were kept in police
custody for almost 48 hours before being presented before a
judge. The Police failed to justify the 24-hour delay to
produce the accused in front of a Magistrate. The Police
failed to justify the delay.  Furthermore, no family member
was informed of the arrest of the applicants. The family
found out about the arrest through media reports. The Police
outrightly denied the accused(s) to meet with family
members and their lawyers, which in itself is a grave
violation of their fundamental rights.

xi) It is submitted that on 10.03.2020, Applicant No. 1 & 2

filed an application at Chhattisgarh Foods & Drugs
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0
Administration,  for license to procure chemicals and raw
materials for production of hand sanitizers under the brand
name Perpendicular Softgel Company. The Application is
Annexed as ANNEXURE L for reference. On 22.03.2020,
the commissioner's office of FDA got back to the Company
vide letter no. 2013/2020/LIC. The letter stated that due to
extraordinary conditions created by the global pandemic
caused by Covid-19, the decision on the license was
delayed. However, the commissioner noted that hand
sanitizers were declared as an essential good and the
Government of India instructed to maximise production in
light of sudden demand. Hence, he  issued a special
permission  to Perpendicular Softgel Company, to procure
chemical and raw materials such as ethanol for
manufacturing hand sanitizers and marketing the same. The
special permission is annexed as ANNEXURE M. 
Therefore, the claim of the SOT that the Company was
manufacturing hand sanitizers without any license or
permission is completely false and baseless. The SOT failed
to do its due diligence in verifying the veracity of the
information received and the actions taken upon such false
and baseless information.

xii) As per Central Order No. S.O. 1169 dated 19.03.2020 of

the Ministry of Consumer Affairs Food & Public
Distribution,  hand sanitizers are categorised as an essential
commodity for which there is excess demand in this
pandemic. Hence, the Ministry of Consumer Affairs, Food
& Public Distribution vide notification, No. 1(2)/2020-SP- 
dated 19.03.2020 has ordered all factories producing hand
sanitizers to run at maximum capability on three shifts and
maximise production to achieve the excess in demand and
reduce any chances of a shortage of supply. The shutting
down of the premises has put an extra burden on the other
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1
manufacturers to meet the never ending demand of the
product. It has also led to unemployment of many workers
during such tough times. The market has also lost access to
great quality of essential goods that are needed to fight this
pandemic. This is also in violation of the government order
ANNEXURE N.

xiii) For that the applicant is entitled to be released on Bail

in terms of the Law declared by the Hon’ble Supreme Court
of India in the case of State of Maharashtra vs. Sitaram
Popat Vital has stated few factors to be taken into
consideration, before granting bail, namely: i) The nature of
accusation and the severity of punishment in case of
conviction and the nature of supporting evidence; ii)
Reasonable apprehension of tampering of the witness or
apprehension of threat to the complainant; iii) Prima facie
satisfaction of the Court in support of the charge. In the
present case, the allegations made by the police are of fraud
u/s 420 of the Indian Penal Code, however the police have
not submitted any evidence to prove the same. It may be
further noted that while the onus to prove the fraud lies on
police and they have not through preliminary investigations
been able to prove that, the accused has produced substantial
evidence through the form of test reports to prove that they
have not been selling and marketing a faulty/adulterated
product. It may also be pointed out that the accused has no
way of tampering with the evidence as the evidence is
currently in police custody as they seized the product during
the raid on the manufacturing unit.  

9. That the Applicants are innocent of all wrongdoings and has

been falsely implicated. As stated in the above mentioned
grounds, the entire procedure of raid was baseless along with
an arrest that took place on false charges. Furthermore, the
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2
fundamental rights of the Applicants were grossly violated by
the authorities.  Despite the allegations of the investigating
Agency, the Applicant is entitled to a presumption of innocence
and securing his liberty is one such manifestation of the said
presumption.

10. That the Applicants are law abiding citizens of India and are
well respected members of the community. They have deep
roots in society and are not a flight risk. The Applicants are
income tax payers and have no reason or propensity to flee
from justice. The Applicants are not  previous convicts and
have no past record of being involved in any criminal
proceedings.

11. That the Applicants have an absolutely clean antecedent to their

credit and belong to respectable families. There is no likelihood
of the Applicants evading the process of law or fleeing from
justice. The Applicants undertake to abide by all such terms
and conditions as this Hon’ble Court may deem fit and proper
to impose under the facts and circumstances of the present case.

12. The applicants shall accept any/all conditions as decided by the

Hon’ble Court in grant of bail. The applicants are willing to
furnish a bail bond any reasonable sum of money in case the
court compels for the same as a condition to grant bail.

13. That the instant Application is being moved bonafide and may
kindly be allowed in the interests of justice.

 
PRAYER

Therefore, in light of the facts and circumstances aforementioned, it is humbly prayed that
this Hon’ble Court may be pleased to:
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3
a)  Pass an Order releasing the Applicant on Bail in the present case;

b)  Pass such order(s) as this Hon’ble court may deem fit and proper in the interest of Justice.

AND FOR THIS ACT OF KINDNESS THE APPLICANT IN DUTY BOUND SHALL
EVER PRAY.
 
 
APPLICANT/ACCUSED (In JC)

 
THROUGH

Singh & Associates 

Dated: 08.05.2020

IN THE COURT OF THE DISTRICT JUDGE, DISTRICT COURT COMPLEX

RAIPUR, CHHATTISGARH

AFFIDAVIT
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BAIL APPLICATION NO. 47 OF 2020  
IN 
C.T. NO. 17 OF 2020
 
IN THE MATTER OF:
 
1.     SARDAR KHAN, age 47                                   …APPLICANT NO. 1
           S/o Shahid Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
2.     FAISAL KHAN, age 31                                     …APPLICANT NO. 2
           S/o Sardar Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
3.     RAMADHIR SINGH, age 52                            …APPLICANT NO. 3
           S/o Dharamveer Singh, R/o 9, Civil Lines, Dhanbad, Bihar
(In Judicial Custody since 01.05.2020)

Versus
 
           STATE                                                                  …. RESPONDENT
 
U/s: 188 and 420 of IPC     
                                                                                   Complaint No. 13 OF 2020
                                                                       P.S. – Crime Branch, RAIPUR

We, Mrs. NAGMA KHAN on behalf of my husband, Sardar Khan and my son Faisal
Khan and Mr. J.P. Singh do hereby solemnly affirm, and state as follows.
 1
5

1. We are the legal heirs of the Applicants in the present application and are competent to
depose. We are well conversant with the facts of the case
2. We understand the contents of the accompanying Application and the facts stated are
true and correct to the best of our knowledge..
3. We state that the verification is done by us on behalf of Sardar Khan, Faisal Khan and
Ramadhir Singh,
DEPONENT

VERIFICATION

Verified on this 7h day of May 2020 at Raipur that the contents of the above affidavit are true
and the correct and no material has been concealed there from.

DEPONENT
Signed before me on this 7th day of May 2020 at New Delhi
S/d.. Advocate

 
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VAKALATNAMA
IN THE COURT OF THE DISTRICT JUDGE, DISTRICT COURT COMPLEX
RAIPUR, CHHATTISGARH

 
BAIL APPLICATION NO. 47 OF 2020  
IN 
C.T. NO. 17 OF 2020
 
IN THE MATTER OF:
 
1.     SARDAR KHAN, age 47                                   …APPLICANT NO. 1
           S/o Shahid Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
2.     FAISAL KHAN, age 31                                     …APPLICANT NO. 2
           S/o Sardar Khan, R/o Kata Mahel, Wasseypur, Bihar
(In Judicial Custody since 22.04.2020)
 
3.     RAMADHIR SINGH, age 52                            …APPLICANT NO. 3
           S/o Dharamveer Singh, R/o 9, Civil Lines, Dhanbad, Bihar
(In Judicial Custody since 01.05.2020)

Versus
 
           STATE                                                                  …. RESPONDENT
 
U/s: 188 and 420 of IPC     
                                                                                   Complaint No. 13 OF 2020
                                                                       P.S. – Crime Branch, RAIPUR
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7
We, Mr. Sardar Khan and Mr. Faisal Khan Managing Directors and Mr. Ramadhir Singh,
General Manager of Perpendicular Softgel Company a registered corporation based in India
duly constituted under the Companies Act, 1956, having its registered office at 13, Industrial
Area, Raipur, 492010do hereby and retain Singh and Associates (hereinafter known as “the
Advocate”) to be my advocate in the said Bail Application. I authorize the Advocate to do
any or all of the following on my behalf:

1. To represent, act and appear for me.

2. To conduct, prosecute or defend the same and all proceedings that may be taken in
respect of any application connected with the same or any decree of order assed
therein.
3. To sign, file, verify, present and receive all types of documents including plaints,
statements, pleadings, appeals, cross objections, petitions, applications, revision,
withdrawal, compromise or affidavits.
4. To withdraw, compromise or submit to arbitration any differences or disputes that
may arise touching or in any manner relating to the said suit.
5. To deposit, draw and receive money, cheques, cash and grant receipts thereof.
6. To do all other facts and things as may be necessary or expedient, in the opinion of
the Advocate, to be done.
I do hereby agree to ratify and confirm all acts done by the Advocate or his/her substitute in
the matter as my own acts, as if done by me to all intents and purposes

Date:07.05.2020
Signature
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ANNEXURE A
Board Resolution of Perpendicular Softgel
Company
 
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF
THE BOARD OF DIRECTORS OF PERPENDICULAR SOFTGEL COMPANY. ON 9 TH

DAY OF MAY 2012 AT 13, INDUSTRIAL AREA, RAIPUR, 492010

 
RESOLVED THAT
the company has to appointed, Mr. SARDAR KHAN , age 47, S/o Shahid Khan, R/o Kata
Mahel, Wasseypur, Bihar and Mr. FAISAL KHAN,  age 35, S/o Sardar Khan, R/o Kata
Mahel, Wasseypur, Bihar as the Managing Directors of the Company. It further appoints,
Mr. RAMADHIR SINGH, age 52, S/o Dharamveer Singh, R/o 9, Civil Lines, Dhanbad,
Bihar as the General Manager of the Company.
 

Specimen Signatures of Authorized Signatory:

 
(Signature)
 
RESOLVED FURTHER THAT, a copy of the above resolution duly certified as true by
designated director/ authorized signatory of the company be furnished to eMudhra Limited
and such other parties as may be required from time to time in connection with the above
matter.
 
For the Organization,
 
 
(Seal & Signature)

Name:                                                          
Designation:           
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ANNEXURE B
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0
2
1
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ANNEXURE D

ITEM NO.8 COURT NO.1 SECTION

PIL-W

S U P R E M E C O U R T O F
I N D I A RECORD
OF PROCEEDINGS

SUO MOTU WRIT PETITION (C) NO. 1/2020

IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS

(WITH IA No. 46086/2020 – FOR INTERVENTION/IMPLEADMENT AND

IA No. 46091/2020 – FOR PERMISSION TO APPEAR AND
ARGUE IN PERSON)

WITH W.P.(C) No.

450/2020 (PIL-W) (FOR
ADMISSION)
W.P.(C) No. 445/2020 (PIL-W)
(FOR ADMISSION and IA No.46113/2020-PERMISSION TO FILE
LENGTHY LIST OF DATES)
W.P.(C) No. 466/2020 (PIL-W)
(FOR ADMISSION and IA No.48124/2020-EX-PARTE AD-INTERIM
RELIEF)

Date : 23-03-2020 These matters were called on for hearing

today. CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE L.
NAGESWARA RAO HON'BLE MR.
JUSTICE SURYA KANT

COUNSEL FOR THE PARTIES

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Mr. Tushar Mehta, SG

Ms. Swati
Ghildiyal, Adv.
Mr. Ankur
Talwar, Adv.
Mr. G.S. Makkar,
Adv. Mr. Raj
Bahadur, Adv.
Mr. B.V. Balaram
Das, AOR
Mr. Dushyant Dave, Sr. Adv.
(Amicus Curiae) Dr. Monika Gusain,
Adv.
Mr. Nikhil Goel, AOR

Mr. Suhaan
Mukerji, Adv. Mr.
Vishal Prasad,
Adv. For M/s PLR
Chambers & Co.

Ms. Astha Sharma, Adv.

With Mr. Ajay
Signature Not
Verified
Chaudhuri, Resident
Digitally signed
Commissioner, Mizoram
by SANJAY
KUMAR Date:
2020.03.23
15:57:17 IST
Reason: Mr. Raghvendra
Kumar, Adv. Mr
Narendra Kumar, AOR

Mr. Milind Kumar, AOR

Mr. Vishal Meghwal, Adv.

Mr. Jayanth Muthraj, Sr. Adv./AAG

Mr. M. Yogesh Kanna, AOR
Mr. S. Raja Rajeshwaran, Adv.

Mr. Arun R. Pednekar, Adv.

Mr. Hitesh Kumar Sharma, Adv.
Ms. Mukti Chowdhary, AOR

Ms. Ashima Mandla, Adv.

Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Ibad Mushtaq, Adv.

Mr. Vishal Tiwari, PIP

Mr. Avijit Mani Tripathi, AOR

Mr. V.G. Pragasam, AOR

Mr. S. Prabu Ramasubramanian, Adv.

Mr. K.V. Jagdishvaran, Adv.

Ms. G. Indira, AOR

Mr. Sachin Patil, Adv.

Mr. Geo Joseph, Adv.

Ms. Bansuri, AAG

Dr. Monika Gusain, AOR
With
Mr. Jagjit Singh, IG Prisons (Haryana)

Mr. P. Venkat Reddy, Adv.

Mr. Prashant Tyagi, Adv.
Mr. P. Srinivas Reddy, Adv.
For M/s. Venkat Palwai Law Associates, AOR

Mr. Tapesh Kumar Singh, AOR

Mr. Aditya Pratap Singh, Adv.

Mr. Ahinav Sekhri, Adv.

Mr. Senthil Jagadeesan, AOR

Mr. Ashok Kumar Singh, Adv.

Mr. Hussain Mueen Farooq, Adv.
Ms. Manju Jetley, AOR
Mohd. Kamran Khan, Adv.
Ms. Sudha, Adv.
Mr. Ajeet Kumar Sharma, Adv.

Mr. Vikas Mahjan, AAG

Mr. Vinod Sharma, AOR

Mr. G. N. Reddy, AOR

 Mr. T. Vijaya Bhaskar Reddy, Adv.
Mr. M. Shoeb Alam, AOR
Mr. Keshav Mohan, Adv.
Mr. Santosh Kumar - I, AOR
Mr. A.P. Mayee, AOR
Ms. K. Enatoli Sema, AOR
Mr. G. Prakash, AOR
Ms. Garima Prashad, AOR

Mr. Avijit Mani Tripathi, AOR

Mr. V.N. Raghupathy, AOR
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Shuvodeep Roy, AOR
Mr. Sumeer Sodhi, AOR
Ms. Uttara Babbar, AOR
Mr. Vinay Arora, AOR
Mr. Abhimanyu Tewari, AOR

UPON hearing the counsel the Court made the following

O R D E R
SUO MOTU WRIT PETITION (CIVIL) NO.1/2020

By an order dated 16.03.2020, this Court had issued notice to

all the States and Union Territories, to show cause why directions
should not be issued for dealing with the present health crisis
arising out of Corona virus (COVID-19) with regard to Prisons and
Remand Homes. Several States and UTs have filed their responses
detailing measures and initiatives taken while dealing with Corona
virus (COVID-19) in respect of persons detained in Prisons and
Remand Homes.

States of Gujarat, Manipur, Meghalaya, Odisha and UTs of Dadar

& Nagar Haveli, Daman & Diu, National Capital Territory of Delhi
and Puducherry have not filed their responses. The State of Andhra
Pradesh, Punjab, Tamil Nadu, Madhya Pradesh, Kerala, Himachal
Pradesh and UT of Jammu & Kashmir, though have filed their
responses with regard to the measures taken for prisons but have
not submitted their response in relation to measures taken for
juveniles in Remand Homes.
An overview of the responses reflects that considerable
measures for protection of health and welfare of the prisoners to
restrict the transmission of COVID-19 have been taken by the State
Governments. These measures generally include creation of isolation
wards, quarantine of new prisoners including prisoners of foreign
nationality for a specific period, preliminary examination of
prisoners for COVID-19, ensuring availability of medical
assistance, entry points scanning of staff and other service
providers, sanitisation and cleanliness exercise of prison campus
and wards, supply of masks, barring or limiting of personal visit
of visitors to prisoners, suspension of cultural and other group
activities, awareness and training with regard to stoppage of
transmission of COVID-19 and court hearings through video
conferencing among others. Many states have also initiated the
process of installing digital thermometers for the purpose of
examination of the prisoners, staff and visitors. Some of the
States have taken similar measures for Remand Homes as well.
 In other significant measures the States of Bihar, Karnataka,
Maharashtra, Uttar Pradesh, Tripura, Jharkhand, Goa, Kerala,
Telangana and UTs of Jammu & Kashmir and Chandigarh have advised
the prison authorities that visitors may be allowed to interact
with prisoners only through video calling or telephonic call.
States of Goa, Kerala, Telangana, Karnataka and Haryana have
adopted screening of prisoners returning from parole to prevent
possible transmission.
State of Uttar Pradesh has constituted 'COVID-19 Special Task
Force' in all 71 prisons comprising of the Superintendent, the
Jailor, Circle Officer/Deputy Jailor, Medical Officer and One
member of para-medical staff to monitor the prevention of
transmission of infection.
Importantly, Rajasthan and Jharkhand have taken measures to
decongest the prison by transferring prisoners from congested
prisons to other prisons where the number of prisoners is low. The
State of Punjab has directed to identify places in and around the
prison, which can be used as a temporary prison in case if there is
an outbreak of the virus.
The State of Haryana has directed prisons to prepare block-
wise time table relating to food and other services for prevention
of overcrowding. Andhra Pradesh, Uttarakhand, Punjab and
Maharashtra and UT of Ladakh have identified special groups of
prisoners, which are more vulnerable such as old age prisoners with
respiratory diseases etc. to infections for special focus and
scrutiny.
 Looking into the possible threat of transmission and fatal
consequences, it is necessary that prisons must ensure maximum
possible distancing among the prisoners including undertrials.
Taking into consideration the possibility of outside
transmission, we direct that the physical presence of all the
undertrial prisoners before the Courts must be stopped forthwith
and recourse to video conferencing must be taken for all purposes.
Also, the transfer of prisoners from one prison to another for
routine reasons must not be resorted except for decongestion to
ensure social distancing and medical assistance to an ill prisoner.
Also, there should not be any delay in shifting sick person to a
Nodal Medical Institution in case of any possibility of infection
is seen.
We also direct that prison specific readiness and response
plans must be developed in consultation with medical experts.
“Interim guidance on Scaling-up COVID-19 Outbreak in Readiness and
Response Operations in camps and camp like settings” jointly
developed by the International Federation of Red Cross and Red
Crescent (IFRC), International Organisation for Migration (IOM),
United Nations High Commissioner for Refugees (UNHCR) and World
Health Organisation (WHO), published by Inter-Agency Standing
Committee of United Nations on 17 March, 2020 may be taken into
consideration for similar circumstances. A monitoring team must be
set up at the state level to ensure that the directives issued with
regard to prison and remand homes are being complied with
scrupulously.
 The issue of overcrowding of prisons is a matter of serious
concern particularly in the present context of the pandemic of
Corona Virus (COVID – 19).
Having regard to the provisions of Article 21 of the
Constitution of India, it has become imperative to ensure that the
spread of the Corona Virus within the prisons is controlled.
We direct that each State/Union Territory shall constitute a
High Powered Committee comprising of (i) Chairman of the State
Legal Services Committee, (ii) the Principal Secretary
(Home/Prison) by whatever designation is known as, (ii) Director
General of Prison(s), to determine which class of prisoners can be
released on parole or an interim bail for such period as may be
thought appropriate. For instance, the State/Union Territory could
consider the release of prisoners who have been convicted or are
undertrial for offences for which prescribed punishment is up to 7
years or less, with or without fine and the prisoner has been
convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered
Committee to determine the category of prisoners who should be
released as aforesaid, depending upon the nature of offence, the
number of years to which he or she has been sentenced or the
severity of the offence with which he/she is charged with and is
facing trial or any other relevant factor, which the Committee may
consider appropriate.
The Undertrial Review Committee contemplated by this Court In re Inhuman Conditions in
1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with
the
concerned authority as per the said judgment.

The High Powered Committee shall take into account the directions contained in
para no.11 in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
Some States/Union Territories who have not filed
responses may file the same within three weeks from today.
List the matter after three weeks.

WRIT PETITION (CIVIL) NOS.450/2020, 445/2020 AND 466/2020

Learned counsel appearing for the petitioners prays for

withdrawal of the instant writ petitions with liberty to
approach the concerned Ministries, Union of India, New Delhi.
Prayer is allowed.

Copies of these writ petitions shall be served upon Mr.

Tushar Mehta, learned Solicitor General appearing for the
Union of India and they shall be treated as representations.
The concerned Ministries shall dispose of the representations
in accordance with law.
It is made clear that if the concerned Ministries deem
it appropriate, they may hear the petitioners.
The Writ Petitions are dismissed as withdrawn with the
aforesaid liberty.

(SANJAY KUMAR-II) (MUKESH NASA) (INDU KUMARI POKHRIYAL)

ASTT. REGISTRAR-cum-PS COURT MASTER ASSISTANT REGISTRAR

ANNEXURE I
 Private Quality Control Audit Report for Perpendicular Softgel
Company

By: Shri Ganesh Chemical Testing Laboratory

Date 25.03.2020
To Whom It May Concern

This Quality Control report is conducted by Shri Ganesh Chemical Testing Laboratory
for the following products of Perpendicular Softgel Company on a daily basis. The
experts of Shri Ganesh Chemical Testing Laboratory, randomly from different batches
test the products for consistency and utmost quality.

Below are the findings of Shri Ganesh Chemical Testing Laboratory on the above-
mentioned date

S. Name of Product Composition Alcohol Price (Rs.) Remarks

No. Content for 100ml
1 Sparsh Hand Ethanol 80% 100 Approved
Sanitizer IP…..80%v/v
Hydrogen
Peroxide IP
0.125% v/v
Glycerol IP
1.45% v/v
Solution
2 Dr. Buddy Hand Iso Propyl 75% 100 Approved
Sanitizer Alcohol IP… 75%
v/v
Hydrogen
Peroxide IP
0.125% v/v
Glycerol IP
1.45% v/v
Solution

Dr. Shyam Sunder Sriram

HOD, Chemical Testing,
Shri Ganesh Chemical Testing Laboratory, Raipur

ANNEXURE J
Hand Sanitizer Composition approved by CDCSO
and WHO
 ANNEXURE K
Testing Report for Perpendicular Softgel Company

By: Chhattisgarh Food and Drug Administration, Raipur

Date 10.03.2020

To Whom It May Concern

This test report is conducted by Chhattisgarh Food and Drug Administration, Raipur
for the following products of Perpendicular Softgel Company, for their application for
a license to procure the necessary chemicals. The experts of Chhattisgarh Food and
Drug Administration, Raipur, randomly from different batches picked the following
products

Below are the findings of Chhattisgarh Food and Drug Administration, Raipur on
10.03.2020
S. Name of Product Composition Alcohol Price (Rs.) Remarks
No. Content for 100ml
1 Sparsh Hand Ethanol 80% 100 Approved
Sanitizer IP…..80%v/v
Hydrogen
Peroxide IP
0.125% v/v
Glycerol IP
1.45% v/v
Solution
2 Dr. Buddy Hand Iso Propyl 75% 100 Approved
Sanitizer Alcohol IP… 75%
v/v
Hydrogen
Peroxide IP
0.125% v/v
Glycerol IP
1.45% v/v
Solution

Dr. Sachin Pilot

HOD, Chemical Testing,
Chhattisgarh Food and Drug Administration, Raipur
 ANNEXURE M
Chhattisgarh Food and Drug Administration
Food & Drugs Administration, 2nd Floor,
State Food & Drugs Testing Laboratory building,
Kalabadi, Raipur (C.G.) 492001
Date: 22.03.2020
Ref: 2013/2020/LIC.
Subject: Granting of Special Permission to Perpendicular Softgel Company to
procure required chemicals and raw materials for production of Hand
Sanitizers
To,
Managing Directors,
Perpendicular Softgel Company,
13, Industrial Area, Raipur,
492010

This letter is in reference to your applicant for grant of license for procurement of
Chemicals and Raw materials for hand sanitizer production dated 10.03.2020. The
process of verification takes a minimum of 30 days before a decision is taken. In
view of lockdown and closure of offices it is imperatively impossible to process the
license at this stage. However, hand sanitizers are scarce supply compared to the
demand due to Covid-19. The Government of India has declared hand sanitizers as
an essential good and has ordered production at maximum capacity. Therefore, in
light of these unprecedented situation, the Food & Drugs Administration has decided
to grant your Company a special Permission to procure chemicals and raw materials
for expedited production of hand sanitizers till 30.06.2020. This permission shall be
extended further in case no decision is taken upon the license in the coming future

Sh. R.K. Goyal

Commissioner, Food & Drugs Administration
ANNEXURE N