Bombay HC Quashes FIR Against Mylan Over BMC Remdesivir Procurement
The Bombay High Court has quashed a criminal case registered at the Agripada police station against pharmaceutical company Mylan Laboratories Ltd over alleged irregularities in the Brihanmumbai Municipal Corporation's procurement of Remdesivir injections during the Covid-19 pandemic.
Justice Ashwin Bhobe quashed the FIR, observing that the allegations did not disclose the commission of a cognizable offence against the company. The FIR had been registered on October 20, 2023, against Mylan and certain civic officials under Indian Penal Code provisions concerning criminal breach of trust, cheating, criminal conspiracy, and common intention.
The case originated from allegations of irregularities across multiple tenders floated by the BMC during the pandemic. The complaint claimed that officials from the civic body's Central Purchase Department had conspired with Mylan, which supplied Remdesivir vials at rates between Rs 650 and Rs 2,626 each. These transactions were alleged to have resulted in a financial loss of Rs 5.96 crore to the civic administration.
Mylan approached the High Court seeking the quashing of the FIR, arguing that identical allegations had already undergone a thorough inquiry by the Maharashtra Lokayukta. The company's counsel submitted that the Lokayukta concluded on March 3, 2025, that no corruption occurred in the procurement process. The Lokayukta determined that the tender process was transparent and that price increases were driven by heightened market demand during the pandemic.
The company argued before the court that proceeding with criminal action on grounds identical to those cleared by the Lokayukta amounted to an abuse of the legal process.
Noting that the complaint before the Lokayukta and the police FIR rested on identical allegations regarding the BMC's Remdesivir purchases from Mylan, Justice Bhobe exercised the High Court's powers under Section 482 of the Code of Criminal Procedure to quash the proceedings against the firm.
