The Madhya Pradesh High Court’s refusal to grant bail to a wholesale drug supplier implicated in the deaths of over 26 children from toxic cough syrup underscores the judiciary’s growing willingness to prioritize public safety over procedural convenience in cases of mass harm. The judgment establishes a clear threshold for bail in public health emergencies where systemic negligence and evidence suppression are evident.
Background & Facts
The Dispute
The case arises from the distribution of Coldriff cough syrup contaminated with Diethylene Glycol (DEG), a toxic industrial solvent, which led to acute kidney failure and death in more than 26 children under five years of age. The applicant, Rajesh Kumar Soni, is the proprietor of New Apna Pharma, a wholesale drug stockist in Chhindwara. He is not the manufacturer but supplied the syrup to pediatricians, including his uncle, Dr. Praveen Soni, who prescribed it to patients.
Procedural History
- 13 October 2025: Applicant arrested and taken into custody
- Crime No. 296/2025: Registered at Police Station Parasiya under Sections 105, 276, 238(B) of the Bharatiya Nyaya Sanhita (BNS) and Section 27(A) of the Drugs and Cosmetics Act, 1940
- 17 February 2026: Bail application filed under Section 483 of the BNSS, 2023 before the High Court at Jabalpur
Relief Sought
The applicant sought regular bail, arguing he was merely a distributor with no role in manufacturing, lacked knowledge of adulteration, and that the syrup was not banned at the time of sale. He claimed his reputation was unblemished and that trial would take years.
The Legal Issue
The central question was whether bail can be denied under Section 483 of the BNSS, 2023 when the accused is linked to a large-scale public health catastrophe involving deliberate suppression of records, destruction of evidence, and a clear pattern of preferential distribution to family members, despite the absence of direct intent to kill.
Arguments Presented
For the Appellant/Petitioner
The applicant’s counsel contended that he was a licensed wholesale dealer with no involvement in manufacturing or formulation of the syrup. He relied on State of Rajasthan v. Suresh Kumar to argue that mere distribution without knowledge of adulteration cannot attract criminal liability. He emphasized that the syrup was legally available until 4 October 2025 and that the charges under BNS were disproportionate to his role.
For the Respondent/State
The State countered that the applicant was not a passive distributor but an active facilitator. He was the nephew of the prescribing doctor and operated his pharmacy from the doctor’s residence. The State cited documentary fabrication - back-dated bills, unaccounted bottles, and destruction of 8 bottles post-arrest - as evidence of intent to obstruct justice. It invoked Manoj Kumar Khokhar v. State of Rajasthan to argue that public health emergencies justify stringent bail standards, especially where systemic failure leads to mass fatalities.
The Court's Analysis
The Court rejected the applicant’s claim of innocence based on lack of manufacturing involvement. It held that distribution under conditions of known familial collusion and record manipulation transforms a commercial actor into a co-conspirator in public endangerment. The Court noted that the applicant purchased 330 bottles but recorded only 322, destroying the remainder shortly after the investigation began. This act, the Court observed, was not mere housekeeping but evidence tampering.
"The destruction of physical evidence, fabrication of sale records, and preferential supply to the accused doctor’s clinic are not innocent commercial irregularities - they are deliberate acts to shield the primary offender and conceal the scale of harm."
The Court further emphasized that the syrup was sold despite a 2023 Central Government notification prohibiting its use in children under four. The applicant’s failure to verify the safety of the product, coupled with the scale of deaths, constituted gross negligence amounting to recklessness under Section 27(A) of the Drugs and Cosmetics Act. The Court distinguished Rohit Bishnoi by noting that while that case involved intentional poisoning, this case involved systemic disregard for statutory safeguards, which equally undermines public trust.
The Court concluded that the gravity of harm, the pattern of concealment, and the risk of evidence destruction if released made the applicant a flight risk and a threat to the integrity of the investigation.
The Verdict
The applicant’s bail application was dismissed. The Court held that in cases of mass public health harm involving deliberate suppression of records and familial collusion, bail cannot be granted merely on the basis of non-manufacturing status. The applicant’s role as a distributor with active involvement in concealment rendered him ineligible for bail under Section 483 of the BNSS, 2023.
What This Means For Similar Cases
Evidence Tampering Overrides Innocent Distribution Claims
- Practitioners must now argue that mere distribution without manufacturing does not automatically entitle an accused to bail if there is proof of record falsification, destruction of stock, or concealment of sales
- The burden shifts to the accused to prove absence of intent to obstruct justice, not just lack of manufacturing role
Public Health Emergencies Elevate Bail Threshold
- Cases involving multiple child deaths from contaminated medicines now trigger a higher standard for bail under Section 483
- Courts will consider scale of harm, statutory violations, and systemic negligence as aggravating factors, even without proof of mens rea
Familial Links and Proximity to Primary Accused Are Critical
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Operating a business from the residence of a co-accused, especially a close relative, will be viewed as structural complicity
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Supply chains that favor family-run clinics will be scrutinized as pre-planned distribution networks, not legitimate commerce
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Always request production of stock registers, purchase invoices, and destruction logs in bail hearings involving pharmaceuticals
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File applications under Section 173(8) BNSS to compel investigation into evidence destruction
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Argue that Section 27(A) of the Drugs and Cosmetics Act imposes a duty of care on distributors - failure to verify safety constitutes criminal negligence
