Counterfeit Pharmaceuticals in India
Persistent investigation and surveillance led to the arrest of a manufacturer of counterfeit pharmaceuticals.
Background
In the course of carrying out a market survey in Rajasthan State in India for one of our pharmaceutical clients, looking for counterfeit ‘I' products (a reputed brand in India for a black-coloured pain relieving balm), we became aware of one Sanjay Sharma, who claimed to be a supplier of original ‘I' products at a low price. He offered to supply any amount of product at any time.
Investigations
Our investigators worked hard over a period of time to gain Sanjay's confidence. As a result, they were able to obtain his mobile phone number. With a view to striking at the heart of the infringing activity, they developed a relationship with Sanjay, placing several orders and taking delivery of fake ‘I' products.
However, no clues were being obtained about who else might be involved in the counterfeiting activity. Each time Sanjay delivered goods, he would take the investigators around the city, finally delivering the goods at a deserted public place.
With the assistance of the telecom department, our investigators were eventually able to track down all telephone calls made from/to Sanjany's mobile phone. In this way, his main contact, Jai Medical Hall, (a pharmaceutical wholesaler) was identified. A sample purchase from this outlet confirmed that it sold counterfeit ‘I' identical to those supplied by Sanjay. They also obtained Sanjay's address from the telecom department and arranged for one of the investigators to pose as a student and hire a room in the neighboring house. This produced results. We learned that Sanjay's real name was ‘Hemant Vashnvi (HV)', that he operated a retail stationery shop/bookstall in the city, and that he had been trading in counterfeit products for many years, along with his cousin Manish Vashnvi (MV).
Action
We lodged a formal complaint with the Superintendent of Police based on trade mark and copyright infringement, as well as offences for dishonest practices under the Indian Penal code. At the same time, we placed another order with Sanjay (HV) over the mobile phone. This time, with little precaution being taken, ‘Sanjay' and Manish took us straight to Jai Medical Hall where large quantity of counterfeit ‘I' product was stocked. A team of Police, posing as traders, followed us to the shop and stopped both HV and MV inside the shop. In his endeavor to escape, HV pushed the Police officers and ran away. MV and Jai, were finally arrested and a large stock of counterfeit ‘I' confiscated.
Our pursuit of ‘Sanjay' continued. We soon learned of a restaurant where he regularly met his relatives. The Police immediately swung into action and were able to take ‘Sanjay' into custody without any real resistance. During interrogation, ‘Sanjay' disclosed information about stocks of a large quantity of counterfeit ‘I' products and information on a retailer in the town of Pali . A successful raid was subsequently carried out on this retailer.
The action was widely publicised in the local dailies of Rajasthan, together with photographs of Sanjay, Manish and Jai and a write-up of their illegal activities. A laboratory analysis of the ‘I' products showed that Sanjay and others were filling up used ‘I' containers with grease instead of ointment.
