Introduction
A Gurugram court has refused bail to Avi Sharma, who faces charges of manufacturing and distributing counterfeit Mounjaro KwikPen, a medication used for diabetes and weight management. In a decision issued on June 20, Additional Sessions Judge Yashwinder Paul Singh emphasized the severity of the allegations against Sharma, citing evidence suggesting fraudulent activities involving adulterated and misbranded drugs.
Court’s Observations
The court noted, “The allegations against the petitioner are quite grave. His act prima facie appears to be committing fraud with the general public at large and selling spurious, adulterated, and misbranded drugs.” Sharma was taken into custody on April 19 under the Drugs and Cosmetics Act for allegedly producing and selling drugs without a valid license, as well as handling counterfeit drugs with false manufacturing claims.
Details of the Arrest
The arrest followed confidential information received by a Drugs Control Officer about fake Mounjaro KwikPen injections being stored in a vehicle near Super Mart I, Gurugram. A collaboration of drug inspectors and police officials led to the interception of this vehicle, which contained injections purporting to be Mounjaro KwikPen. Mujammil Khan, an occupant of the car, identified Sharma as the owner of these products. Sharma was subsequently summoned to the location, where he allegedly confessed to owning the items.
Evidence and Investigation
The court order highlighted that Sharma could not provide valid licenses or invoices for importing the drugs. Three labels on the seized drugs were determined to be counterfeit. A search of Sharma’s residence yielded additional labels of the same drugs. According to the prosecution, the confiscated injections were marked as Mounjaro KwikPen, supposedly produced by Eli Lilly Italia SpA and imported by Eli Lilly and Company (India). However, the total maximum retail value of these injections exceeded ₹56.15 lakh, and they were reportedly not stored under recommended temperature conditions.
Manufacturing Allegations
Authorities reported contacting the legitimate manufacturer of Mounjaro, who confirmed that the seized products were not theirs. Additionally, Sharma is accused of manufacturing a product named “Tone Up” with a misleading label indicating production in Japan, despite lacking a valid manufacturing license.
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Bail Arguments and Decision
In his bail plea, Sharma contended that he had been detained since April 19 and was no longer necessary for the ongoing investigation. He argued that the case relied largely on a co-accused’s statement and no drugs were found directly in his possession without independent witness involvement. He maintained that “Tone Up” was in an experimental phase and had yet to enter the market.
However, the prosecution, represented by Drugs Control Officer Amandeep Chauhan, argued that Sharma was the primary accused and his release could jeopardize the investigation. Advocate Vipin Gupta represented Sharma in court.
