IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24044-2026 Date of decision: 13.05.2026 DALBIR KAUSHIK ….Petitioner Versus STATE OF HARYANA ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Sunil Sheoran, Advocate for the petitioner.

Ms. Shaveta Sanghi, DAG Haryana.

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RUPINDERJIT CHAHAL, J. (ORAL)

1. Prayer in the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of anticipatory bail to the petitioner in FIR No.72 dated 16.04.2026 registered under Sections 318(4), 3(5) of BNS, 2023 and Section 22(1)d of Drugs and Cosmetics Act, 1940 registered at Police Station Industrial Area Bhiwani, District Bhiwani.

2. Brief facts of the present case are that, the petitioner was cheating innocent people by running an unauthorized clinic without any valid certificate or professional degree. Hence, the present FIR.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He submits that the petitioner possesses a degree of BAMS issued to him by the National Alternative Medicine Board, Patna. He submits that the petitioner was not present at the spot during the entire process of de-sealing as he being a heart patient had left for check-up after handing over the keys of the premises to the DCO team and if any seizure memo was shown by the team the same is not valid as per provisions contained in Drugs and Cosmetics Act, 1940. He further submits that no recovery has been effected from the petitioner nor any drugs or illegal substance was recovered from the premises. He submits that in fact, the petitioner after coming to know about the de-sealing of the premises had personally visited the office of the Drugs Controller Officer, Bhiwani and handed over all documents related to his profession. He further submitted that the petitioner has clean antecedents as he is not involved in any other case. No recovery is to be effected from him. Learned counsel further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Therefore, it is urged that the petition deserves to be allowed.

4. After registration of the FIR, investigation has been initiated and is under way. Apprehending his arrest, the petitioner had moved an application for grant of anticipatory bail which has been dismissed by learned Additional Sessions Judge, Bhiwani vide order dated 23.04.2026.

5. Learned State counsel has filed the status report, who, relying upon the same, has vehemently opposed the petitioner’s prayer for bail. It is submitted that the offence allegedly committed by the petitioner is serious in nature. The learned counsel further contends that the petitioner was running an unauthorized clinic without having any valid certificate or professional degree authorizing him to do such medical practice and was thus, playing with the health of public at large. She further submits that no valid drug licence or registration for stocking/dispensing medicines was available with the petitioner. She further submits that custodial interrogation of the petitioner is essential for effective investigation in the matter. On these grounds, the learned State counsel has prayed for dismissal of the present petition.

6. Heard.

7. The allegations levelled against the petitioner are serious in nature. The petitioner was running an unauthorized clinic without possessing any valid qualification and without holding any valid licence for stocking or dispensing medicines. The material collected during investigation prima facie indicates that the petitioner was indulged in medical practice in violation of the provisions of the Drugs and Cosmetics Act, 1940 and thereby endangering public health and safety at large. Such illegal practice amounts to playing with the health and lives of vulnerable patients who repose trust in medical practitio