Anticipatory bail should not be cancelled without evidence of non-compliance or violation of conditions, regardless of ongoing investigations into potential public health threats from spurious drugs.

ORDER :

K. SUJANA, J.

These criminal petitions are filed under Section 483 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner- complainant seeking cancellation of anticipatory bail granted to the respondents-accused on 23.07.2025 in Crl.M.P.No.3652 of 2025 and Crl.M.P.No.3653 of 2025 in R.C.No.01- Spl/Spurious/MS/DI/BPT/HYD/2025, Drugs Inspector, Begumpet Zone, Hyderabad for the offence under Sections 18 (a)(i) 22 (1) (cca) of the Drugs and Cosmetics Act, 1940.

2. The said Crl.M.Ps, are filed by the accused seeking anticipatory bail wherein the case against the accused are that on 07.07.2025, the Drugs Inspector of Karimnagar sent a letter regarding the seizure conducted on 05.07.2025 at M/s. Venu Medical Agencies, Karimnagar. The seized drug, Levipil 500 mg (Levetiracetam Tablets IP), Batch No.GTF1540A, Mfg. Date 05/2024, Exp. Date 04/2026, was falsely labeled as manufactured by M/s. Sun Pharma Laboratories Ltd., Assam, under license No. 374/DR/Mfg/2013. However, the manufacturer confirmed that it had not produced this batch, rendering the drug spurious and in violation of Section 18 (a)(1) read with Section 17B(e) of the Drugs and Cosmetics Act. The letter also stated that M/s. Venu Medical Agencies had purchased the batch from M/s. Ram Pharma, Secunderabad, via sale bill No. 52084 dated 01.03.2025. Acting on this information, the Drugs Inspector along with panch witnesses inspected M/s. Ram Pharma and verified sale and purchase records and it was found that the proprietor had purchased and sold the spurious batch. Consequently, the inspector seized the relevant documents under Form 16, as the firm had contravened the provisions of Section 18 (a)(1) read with Section 17B(e), punishable under Section 22 (1)(cca) of the Drugs and Cosmetics Act, 1940.

3. The contention of learned counsel for the accused before the trial Court is that the complainant had previously inspected the subject premises on 09.04.2024 and again after 07.07.2025, but no stock was found during either visit. The case was registered solely on the report from the Drugs Inspector, Karimnagar, dated 07.07.2025, and the information provided by M/s. Venu Medical Agencies. The counsel further stated that the accused have complied with all requirements and provided necessary information under Section 18 (a)(i) of the Act.

4. Counter was filed by the prosecution before the trial court stating that the accused were involved in selling and supplying of spurious Levipil 500 tablets to retail outlets, which eventually reached unsuspecting patients. This act violated Section 18 (a)(i) read with Section 17B(e) of the Drugs and Cosmetics Act, 1940. As per the letter dated 05.07.2025 the seized batch (GTF1540A) supplied by the accused to M/s. Venu Medical Agencies was confirmed as spurious based on a comparative statement obtained from M/s. Sun Pharma. The sampling of the drugs was conducted according to the procedures laid down. Further, the seized drugs were declared as Not of Standard Quality, having failed the Assay test for Levipil 500 as per the Indian Pharmacopoeia, which was confirmed by the Government Analyst, Drugs Control Laboratory, Hyderabad. This quality failure constituted violation of Section 18 (a)(i) read with Section 17B(d) of the Drugs and Cosmetics Act.

5. After hearing the respective parties, the trial Court granted anticipatory bail to both the accused. Seeking cancellation of the same, the present criminal petitions are filed by the State.

6. Heard Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the petitioner-State and Sri Anshul Agarwal, learned counsel appea