ANIL KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicants under Sec. 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 Ss. 105, 276, 238(2), 241 of BNS and Ss. 27(A) and 27(D) of Drugs and Cosmetics Act, 1940. Applicants are in detention since 11/11/2025.

(2.) 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 9/9/2025 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 13/9/2025 Ambika was admitted in the Chandangaon Children Hospital, who referred the patient to New Health City, Nagpur with the kidney disorder on 14/9/2025 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 Sec. 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 Ss. .

(3.) 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 4/10/2025. 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 Sec. 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 Ss. 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.