Tuesday, February 17

MP High Court rejects pharmacist’s bail in Chhindwara cough syrup case

Bhopal/Jabalpur, Feb 17 (IANS) The Madhya Pradesh High Court, on Tuesday, dismissed the regular bail application filed by a pharmacist accused in the toxic Coldrif cough syrup case, a paediatrician Praveen Soni, his wife Jyoti Soni and nephew.

The toxic Coldrif syrup, prescribed by Praveen Soni, led to the deaths of more than 26 innocent children aged below four to five years in Chhindwara district.

A bench of Justice Pramod Kumar Agrawal, held in its order dated February 17, 2026, that this is not a fit case for granting bail, considering the overall facts and circumstances.

The applicant, a licensed pharmacist working at M/s Apna Medical Store owned by co-accused Jyoti Soni (wife of paediatrician Praveen Soni), had dispensed Coldrif Syrup instead of the prescribed Nextro-DS.

No bill was maintained for the sale of the alleged cough syrup, and the applicant was involved in destroying evidence, including 66 bottles of the syrup.

The court noted the pharmacist’s role as a technical custodian responsible for safe dispensing, record-keeping, and public safety under the Drugs and Cosmetics Act, 1940.

Instead, Praveen Soni allegedly substituted the prescribed drug with Coldrif Syrup without prescription, particularly for pediatric patients, which is illegal and medically impermissible.

This substitution, combined with violations of licensing conditions under Rules 65(3) and 65(4), contributed to the tragedy.

The cough syrup, manufactured by Sresan Pharmaceuticals in Karnataka, was found contaminated with high levels of diethylene glycol (DEG), a toxic industrial solvent far exceeding permissible limits, causing acute kidney failure in children.

The incident occurred between August and October 2025, with children initially treated for routine cough and fever at the Community Health Centre in Parasiya of Chhindwara district.

The cough syrup was banned by the Madhya Pradesh authorities on October 4, 2025.

The prosecution emphasised that the pharmacist, along with the co-accused, including the prescribing doctor, who allegedly received commissions and profits per cough syrup bottle, acted in collusion.

The massive scale of harm to public health, with more than 26 young lives lost and others suffering grievous injury, weighed heavily against granting bail.

The applicant has been in custody since October 13, 2025, the prosecution said.

The court said that prima facie evidence against the applicant is strong, and the offence under Section 27(A) of the Drugs and Cosmetics Act, along with Sections 105, 276, and 238(b) of the Bharatiya Nyaya Sanhita (BNS), appears made out despite defence arguments of no prior knowledge of adulteration or ban at the time of sale.

The bail plea was opposed by the state, represented by the Additional Advocate General, and by objectors, who argued for stronger charges like culpable homicide and criticised investigative lapses under political pressure.

The court dismissed the application, clarifying that its observations are limited to the bail decision and must not influence the trial on merits.

This court judgment comes amid ongoing investigations into the 2025 cough syrup crisis, which has drawn national attention to regulatory failures in drug manufacturing, distribution, and prescription practices, with forensic confirmations of DEG in victims’ samples strengthening the case against involved parties.

–IANS

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