[COVID] Plea In SC Seeks Consecutive Sentences For Hoarding, Profiteering, Adulteration, Black Marketing; Invocation of NSA, Seizure Of Benami Properties

The Supreme Court has been moved in a PIL seeking a direction that Section 31, Cr.P.C, shall not apply to the Laws relating to Hoarding, Profiteering, Adulteration and Black Marketing and the sentence shall be consecutive, not concurrent.Petitioner Ashwini Upadhyay, Supreme Court advocate, also prays for direction to the Centre and States to invoke NSA against the person involved in hoarding, profiteering, adulteration and black marketing and seize their 100% benami properties and disproportionate assets.Further, a direction is sought to the Centre to examine the International Laws relating to hoarding, profiteering, adulteration and black marketing and take appropriate steps to insert a Chapter for these offences in IPC. In alternative, it is prayed that the Court direct the Law Commission of India to examine International Laws related to Hoarding, Adulteration, Profiteering and Black Marketing and prepare a Report within three months."Facts constituting cause of action accrued on 1.4.2021 and continues when petitioner came to know through leading Hindi-English News Paper that many EWS and BPL citizens died out side hospital though beds were available. It is duty of the State to protect life of citizens, but it has totally failed in its obligation during this time of crisis. Thousands of EWS and BPL citizens died on streets, in vehicles, in hospitals compounds and their homes due to hoarding of hospital beds, adulterated COVID medicines, black marketing of medical equipment's like oxygen cylinder and huge profiteering in the sale of life saving injections like Remdesivir, Tocilizumab etc", it is submitted.It is advanced that the quantum of fine prescribed under the Essential Commodities Act is too meager to have any deterrent effect and the sentence for hoarding and black marketing is also neither stringent nor adequate to tackle these menaces.It is indicated that under the Drugs and Cosmetics Act, sale of spurious drugs likely to cause death or grievous hurt carries a sentence of ten years, besides fine of ₹10 Lakhs or three times the value of the drugs seized. The Petitioner submits that the sentence and financial penalties must be stiff enough to pay for reimbursement and compensation to victims. If there is a direct link between loss of life and hoarding, profiteering, adulteration and black marketing, then financial penalty must cover the compensation to the victim's family.The Petitioner submits that hoarding profiteering adulteration and black marketing is done through cash. Hence, respective agencies must investigate Black Money, Benami Property and disproportionate assets."The Essential Commodities Act of 1995 is for the control of production, supply and distribution of certain commodities. The Act does not deal with term "Black Marketing" in particular but Section 7 prescribes the penalty for violation of government notification issued under Section 3. In the Schedule of the Act, drugs are included in essential commodities, and definition of drug is to be taken from Section 3 of the Drug and Cosmetic Act to include medical devices. The act was enacted to regulate import manufacturing and distribution of drugs, but the mechanism is not adequate and capable enough to curb hoarding, profiteering adulteration, black marketing, which has deprived thousands of citizens of their fundamental rights guaranteed under Articles 14, 15 and 21 of the Constitution", it is pointed out.The petitioner urged that the Santhanam Committee classified socio-economic offences into 8 categories and the 5th and 6th are Hoarding, Profiteering, Adulteration, Black marketing of food and drugs. The Committee recommended that a new chapter should be added in Indian Penal Code to deal with Socio- Economic offences, "but the suggestion went futile and fell on deaf ears". The Law Commission in its 29th and 47th Report suggested the revision of IPC and recommended inclusion of social-economic offences, "but it went futile and expected change and development didn't happen"."The Indian Penal Code was enacted in 1860, and most of its provisions are as simple today as they were a century ago, when they were formulated in 1860, but the economic aspect of India has so dynamically changed in last 70 years that in many ways it does not reflect need of society. Indian Penal Code consists offences of all major kinds, as crime against State, against Human Body, against property. However, it does not deal with socio-economic offences i.e. hoarding profiteering adulteration and black marketing. Hence, it's time to make requisite amendments in IPC as suggested by Santhanam Committee and Law Commission", it is pressed.It is urged that due to ineffective, outdated and vague laws, the government has totally failed to control hoarding of beds in hospitals, spurious medicine generation, profiteering, adulteration and black marketing since this pandemic has started. The District Administration has even failed to control manufacture and sale of fake...

[COVID] Plea In SC Seeks Consecutive Sentences For Hoarding, Profiteering, Adulteration, Black Marketing; Invocation of NSA, Seizure Of Benami Properties

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