Bail may be granted to a supplier of a chemical substance if it is established that they are not the manufacturer and the substance supplied corresponds to the grade (e.g., food grade vs pharmaceutical grade) for which it was intended.

ORDER

This is first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by applicant for grant of regular bail relating to Crime No.296/2025 registered at Police Station Parasiya District Chindwara for the offences punishable under Sections 105 , 276, 238(B), 336(3), 3(5) of BNS and 27(A) of Drug & Cosmetic Act.

Learned counsel for the applicant submits that the applicant is in custody since 20.11.2025. It is contended that the applicant is innocent and has not committed any offence. The applicant is the registered proprietor of a firm engaged in the supply of diethylene glycol, which was to purchase from Siddhi Traders. It is further submitted that the said chemical is manufactured by Jain Industrial Chemical. The present applicant is not the manufacturer of the said article. On these grounds, learned counsel prays that the applicant be enlarged on bail.

Learned Government Advocate, on the other hand, has opposed the bail application.

Heard learned counsel for the parties and perused the case diary.

On perusal of case diary it appears that it is the allegation against the present applicant that the present applicant has supplied the said article. The article is used for three purposes. One is for food grade second is pharmaceutical and industrial grade. The present applicant is supplier of food grade not pharmaceutical.

Having considered the facts that applicant is neither manufacturer neither article has been supplied is sub standard, this Court finds it fit to release the applicant on bail. Therefore, without expressing any opinion on merits of the case, the application is allowed.

It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

The applicant shall also abide by the following conditions.

(i). He shall not commit offence of same nature.

(ii). He shall mark his presence before the concerned police station in the 1st week of every month till the conclusion of trial.

In case of violation of any of the above conditions, this bail order shall be considered for cancellation.

It is further directed that the applicant shall comply with the provisions of Section 480 (3) of B.N.S.S.

Accordingly, this M.Cr.C. stands allowed and disposed of.