Anil Kumar Mishra And Others vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed by the applicants under Section 483 of the BNSS, 2023 for grant of regular bail relating to Crime No.769/2025 registered at Police Station - Kundipura, District Chhindwara (M.P.) for the offences punishable under Sections 105, 276, 238(2), 241 of BNS and Sections 27(A) and 27(D) of Drugs and Cosmetics Act, 1940. Applicants are in detention since 11.11.2025.

As per the prosecution story, FIR was lodged on 10-11-2025 on the basis of merg intimation given by Shripal Vishwakarma alleging that on 09-09-2025 he demanded medicines from the Ashirwad Medical Store situated at Ram Mandir Chhindwara for cold and cough to his daughter, namely, Ambika then the said Medical Store provided him Coldrif Syrup, Batch No./SR-13 in absence of any prescription of a registered medical practitioner/doctor. It is alleged that the said cough syrup was given by the complainant to his daughter for 2-3 days, however, there was no any improvement/cure rather, the same reacted with severe stomach pain and urinal obstruction. As alleged, an 13-09-2025 Ambika was admitted in the Chandangaon Children Hospital, who referred the patient to New Health City, Nagpur with the kidney disorder on 14-09-2025 where in 15-10-2025 after a span of more than one month, Ambika (daughter of the complainant) is alleged to have died at Nagpur Hospital, during course of treatment. It is alleged by the prosecution that the merg investigation revealed that the Coldrim Syrup was given by the present applicants who are the owner and pharmacist of the said medical Store (Ashirwad Medical Store) in absence of any prescription of any registered doctor/physician. In the chemical analysis of the Coldrif Syrup-Batch No.SR-13 alleged provided by the present applicants contained “Diethylene Glycol” to the extent of 37.08%, which has resulted in death of the daughter of the complainant. It is alleged by the prosecution that the said Coldrif Syrup is restricted to be sold without prescription of a medical specialist and as such sale of the said syrup by the present petitioners in absence of any prescription is in violation of sections 18(a)(iv) of the and 27(d) of the Drugs and Cosmetics Act, 1940. On the basis of aforesaid, Police registered the case against the present applicant under the aforesaid Sections.

Learned senior counsel for the applicants submits that applicants are innocent. They are innocent and have been falsely implicated in the present case. Applicants are in custody since 11.11.2025. It is further submitted that applicant No.1 - Anil Kumar Mishra is proprietor of the M/s Ashirvad Medical Store, Chhindwara and applicant No.2 - Ashok Kumar Mishra is the registered Pharmacist and working it the aforesaid medical store. License of said medical shop is valid up to 31.12.2025. Applicant No.2 was the registered Pharmacists wherein he used to sell the drug as prescribed by the doctor. It is further submitted that the drug was manufactured by Sresan Pharmaceuticals Limited, Bangalore Highways, Karnataka and that drug was approved by the Food and Drugs Authority. It is further submitted that there was no ban on selling and using the aforesaid medicine by the government authorities. The said medicine was first time banned on 04.10.2025. It is further submitted that present applicants had no knowledge that there is adulteration in manufacturing the drug. They have only sold the medicine on the prescription of competent doctor. It is further submitted that offence under Section 27(A) of Drugs and Cosmetics Act, 1940 is not made out because this medicine was not banned when this medicine was sold. It is further submitted that other offence punishable under Sections 105, 276 and 238(b) of BNS are also not made out. Conclusion of trial will take considerable time. Hence, he prayed that the applicants may be granted regular bail.

Learned counsel for State has submitted that in this case, applicant No.1 - Anil Kumar Mishra is proprietor of the M/s Ashirvad Medical Store, Chhindwara and applicant No.2 - Ashok Kumar Mishra is the registered Pharmacist who was working it the said medical store. It is further submitted that the duties of the present applicants and shop owner is that the medicine should be sold only on the prescription of the doctor, but in this case, present applicants have sold Coldriff cough syrup without the prescription of doctor for the deceased girl whose age was below 4 years. It is further submitted that by law applicant No.2 is a technical custodian and responsible for safe storage, legal dispensing, statutory record keeping and disposal only through Drug Department, but applicant alongwith co-accused prepared fake bills. The duty of the applicant being the pharmacist, is to protect public safety, but instead thereof, he collaborated in obliterating evidence of adulterated drugs. It is further submitted that in this case, bills regarding sale of medicines are not maintained. In this case, this cough syrup "Coldriff Syrup" which contains toxic DEG (Diethylene Glycol) exposure, was the cause of death of the children who were below the age of 4-5 years. It is further submitted that as per the circular bearing File No.04-01/2022-DC (Misc.-47) issued by Government of India, Directorate General of Health Services Central Drugs Standard Control Organization (FDC Division) on 18.12.2023, the fixed dose compound will not be given to the children below the age of 4 years, even then the present applicants had sold the said cough syrup/medicine to the father of deceased. It is further submitted that fake bills of 24 bottles of cough syrup were prepared by the applicants in the name of Dr. Arvind Jain whereas Dr. Arvind Jain has stated that these medicines/cough syrup were not prescribed by him. Charge-sheet has not been filed yet. It is further submitted that this cough syrup "Coldriff Syrup" has caused harm in the large scale for public health. Hence, applicant does not deserve grant of regular bail.

In rebuttal, learned senior counsel for applicants submits that father of deceased has not stated the age of his daughter in his statements. It is further submitted that when this medicine/cough syrup was banned by the Government, then the said medicine/cough syrup was sent back.

Having taken into consideration over all facts and circumstances of the case and looking to the fact that applicants sold the medicine/Coldriff cough syrup to children below the age of 4-5 years without the prescription of doctor despite the guidelines issued by Government of India, Directorate General of Health Services Central Drugs Standard Control Organization (FDC Division) on 18.12.2023, due to which one innocent child aged about 4 years has been died and that fact that the alleged cough syrup caused harm to the public health in a large scale and the fact that applicants prepared fake bills of the alleged cough syrup, this is not a fit case to grant bail to the applicant.

Consequently, the present bail application stands dismissed.

It is made clear that any observations made herein are only for the purpose of deciding the present petition and shall not be construed as an expression on the merits of the case. The learned Trial Court shall proceed with the matter uninfluenced by any observations made by this Court and shall decide the case strictly in accordance with law.