The applicant was granted anticipatory bail primarily on the ground of parity, as other similarly situated co-accused in the same case had already been granted bail by the High Court.

Order on Board

23.04.2026

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 454/2025 registered at Police Station – Magistrate Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 17(b),18(a)(i),18(b),18(c), 27(b), 27(b)(ii) 27(d), 28(a) of Drugs and Cosmetics Act, 1940.

2. The prosecution case, in brief, is that on 28.10.2022, the then Drug Inspector, Mr. Kishore Thakur, conducted an inspection at M/s Kishore Medical Stores situated at Ward No. 10, Pipardula, Post Office Bhinodi, Tehsil Bilaigarh. During the inspection, it was found that the proprietor, Mr. Virendra Kumar Khunte, and the registered pharmacist, Ms. Isha Narang, were absent, and the shop was allegedly being operated by one Mr. Narayan Prasad Jatwar. During the course of inspection, four bottles (100 ml each) of “Mil Cough Syrup,” bearing Batch No. DBL04332, manufactured in 01/2022 and expiring in 12/2023, purportedly manufactured by M/s DSR Life Care, were seized for sampling purposes. Thereafter, a portion of the sample was sent to the Government Analyst at the Drug Testing Laboratory, Kalibari, Raipur, on 21.10.2022 for analysis, and upon examination, it was reported that the active ingredient Guaiphenesin was found to be below the prescribed standard, and thus, the sample was declared sub-standard. During the course of investigation, replies were obtained from the supply chain entities, including the wholesale supplier M/s Kanish Biotech, Panchkula, Haryana, which disclosed that 2,091 bottles of the said cough syrup were procured from the manufacturing firm M/s DSR Life Care, Baddi, District Solan, Himachal Pradesh, and subsequently sold to the marketing firm M/s MSK Pharmaceuticals Private Limited, Saraipali. The marketing firm, in its reply, stated that the entire stock had been sold, however, it failed to furnish complete sales invoices and could not provide records for 558 bottles, instead submitting only a list of buyers without license details. Further, the manufacturing firm M/s DSR Life Care, through its proprietor Mr. Devinder Singh, submitted its reply along with copies of drug manufacturing licenses in Form 25 and Form 28, as well as identity proof. The license revealed that Mr. Ravindra Nath Pandey was appointed as the Manufacturing Chemist and Mr. Ajay Kumar Jha as the Analytical Chemist in the said firm. On the basis of the aforesaid material and investigation, the present applicant firm M/s DSR Life Care has been implicated and charged for manufacturing and distribution of sub-standard drugs under Sections 17(b), 18(a)(i), 18(b), 18(c), 27(b), 27(b)(ii), 27(d), and 28(a) of the Drugs and Cosmetics Act, 1940, along with Rule 84(d) of the Drugs Rules.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that in the very same Complaint Case No. 454/2025, pending before the learned Judicial Magistrate First Class (JMFC), Bhatagaon, District Sarangarh-Bilaigarh, similarly placed co-accused persons accused Nos. 5, 6, and 7 have already been granted anticipatory bail by this Hon’ble Court in M.Cr.C(A) No. 813/2025 vide order dated 09.06.2025; accused Nos. 8 and 9 have been granted anticipatory bail in M.Cr.C(A) No. 1084/2025 vide order dated 23.07.2025; and accused No. 4 has also been granted anticipatory bail in M.Cr.C(A) No. 1230/2025 vide order dated 13.08.2025. While granting such relief, this Hon’ble Court considered material factors