In an application filed before the Madhya Pradesh High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking the grant of regular bail in a crime registered for offences punishable under Sections 105, 276 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 27(A) of the Drugs and Cosmetics Act, 1940, a Single Judge Bench of Justice Pramod Kumar Agrawal denied bail to the applicant.
A complaint was lodged by the Block Medical Officer, Community Health Centre, wherein it was contended that the present applicant, who was posted as a Child Specialist in the Community Health Centre, had prescribed a certain dose of cough syrup to his patients, which resulted in kidney failure of the children. Some children also died after consuming the said cough syrup being sold by the co-accused, who was working at the store owned by the applicant.
The State submitted that, as per a circular issued by the Directorate General of Health Services Central Drugs Standard Control Organization (FDC Division) on 18.12.2023, the fixed-dose compound for children below 4 years of age was banned. It was contended that despite this, the applicant prescribed the cough syrup, which was the fixed-dose compound.
The Court took note of a conversation that took place between the applicant and another senior doctor who had informed him that a similar fatal incident occurred in 1998 when 33 children had passed away in Delhi due to a DEG-contaminated cough syrup, and that there was a possibility that the same reaction was happening. It was said that despite this information, the applicant continued to prescribe the cough syrup, which harmed public health on a large scale.
The Court stated that the applicant received a commission for prescribing the said syrup and that the co-accused destroyed the evidence to protect the applicant. Thus, the Court dismissed the bail application, holding that the case was not fit for granting bail.
Appearances:
For Applicant – Mr. Shashank Shekhar (Sr. Adv), Mr. Bhoopesh Tiwari
For Respondents – Mr. Harpreet Singh Ruprah (AAG), Mr. C.M. Tiwari, Mr. Aakash Malpani, Mr. K.K. Pandey, Mr. Aditya Parashar
