IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

285 CRM-M-36958-2025(O&M)

Decided on: 23.09.2025 AMIT KUMAR SINGH . . . Petitioner(s)

Versus STATE OF HARYANA . . . Respondent(s)

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Nitin Bhanwala, Advocate for the petitioner(s).

Mr. Anmol Malik, DAG, Haryana.

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KIRTI SINGH , J. (Oral)

Apprehending arrest in FIR No.80 dated 24.02.2025, registered under Sections 123, 125, 3(5), 61, 88, 91, 92 & 318(4) of BNS Act, 2023 and Sections 3, 4, 5 of the Medical Termination of Pregnancy Act, 1971, at Police Station Thanesar City, Kurukshetra, the petitioner has preferred this petition under Section 482 BNSS, 2023 for grant of pre-arrest bail.

2. The FIR in the present case was got registered on the basis of the complaint moved by one Dr. Gaurav Bansal, Dental Surgeon and the Drug Control Officer, Kurukshetra stating therein that online sale of MTP kits is being done illegally through the website www://maataramarket.in without the prescription from a registered medical practitioner, to facilitate medical termination of pregnancy in contravention of the MTP Act, 1971. Taking such a pill comprised in the kit is of grave concern and can lead to major complications, and may even prove fatal in some cases. It was detailed therein that to verify the same, the complainant along with drug Control Officer Gulshan Kumar placed an order for two MTP kits on 17.02.2025 from the said website, whereupon they received messages regarding confirmation of the order, dispatch of product, its shipment and its delivery. It was also contained in the said complaint that details of invoice received nowhere mentions the retail sale drugs license and many other statutory details, as mandated under the Drugs Cosmetics Act and the rules framed thereunder. On the basis of this complaint, First Information Report was registered.

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case. The petitioner is the proprietor of Maa Durga Drug Agencies, licensed to sell, stock, exhibit, or distribute medicines by wholesale from his premises at Bhagalpur, Bihar. The license, issued by the Government of Bihar under Form 21B (License No.BR-BHR-129715), is valid from 25.09.2020 to 24.09.2025. It is submitted that the petitioner has been nominated as an accused solely on the basis of the disclosure statement of the main accused, Ritesh Kumar, who is a retailer in the supply chain. The petitioner, being a licensed wholesaler, cannot be held liable for the unauthorized acts of a retailer, especially when there is no evidence to suggest that the petitioner was complicit to the alleged illegal activities purportedly being carried out by the main accused. The petitioner maintains proper records of all sales, invoices, and other compliance’s and acts strictly within the parameters of his license. It is the further contention that mere sale of MTP kits does not constitute an offence under the MTP Act, 1971, in support of which reliance is placed on the judgment dated 02.08.2019 titled as “Sandeep Bhargava Vs. State of Haryana”. Moreover, no recovery is to be effected from the petitioner, who is willing to join investigation and co-operate in the instant FIR as well. The petitioner has previously been granted the concession of regular bail in similar FIRs registered against him in Sonipat (FIR No. 51/2025, Annexure-

2025.09.26 17:23 P/3) and HUDA Jagadhari (FIR No. 50/2025, Annexure-P/4). Therefore, the custodial interrogation of the petitioner would serve no useful purpose. Reference is also made to the judgment dated 13.01.2022 passed in Dinesh Garg Vs. State of Haryana.

4. Learned State counsel while relying upon the contents of the status report submits that the present case involves grave allegations qua the illegal sale of medical termination of pregnancy (MTP) kits. The petitioner was nominated as accused on the statement of co-accused-Ritesh Kumar, accused of selling MTP kits