Parasia Sessions Court, Madhya Pradesh: In a bail application filed by a doctor who was arrested in the MP Cough Surup Deaths Case, the Bench of Additional Sessions Judge Goutam Kumar Gujre, J., rejected the bail application, holding that a prima facie case was made out against him and further investigation was required.
Background
The doctor, a government paediatrician, was arrested under Section 105 and 276 of the Bharatiya Nyaya Sanhita, 2023, along with Section 27-A of the Drugs and Cosmetics Act, 1940 (“DC Act”), arrested for prescribing Coldrif Cough Syrup (‘the cough syrup’) that led to the death of over 20 children in Chhindwara, Madhya Pradesh.
The doctor contended that he had been practicing for 35-40 years, and before the State government decided to ban the cough syrup on 04.10.2025, it had been duly approved and recommended for medical use by the Central Drugs Standard Control Organization. He claimed that he had been falsely implicated in the case for merely prescribing the medication meant for the treatment of the children, and the manufacturer company and the drug control authority were responsible for the adulteration of the medicine.
The State contended that the doctor prescribed the medicine despite knowing that the syrup was causing the death of children and that such medicines are not prescribed to children under the age of 4.
Analysis and Decision
At the outset, the Court noted the chain of events that led to the death of more than 20 children in Madhya Pradesh due to the excessive quantity of diethylene glycol(“DG”) found in the cough syrup. The Court noted that the children, on average aged 5 years old, had come to the doctor complaining of a common cold, cough, or fever, and the majority of them were prescribed the cough syrup and other medicines. Thereafter, the children developed difficulty in passing urine, and their reports depicted acute kidney disorder. They were referred to Nagpur for further treatment. Soon, the children started dying one by one, and by 04.10.2025, 10 children had passed away due to acute kidney disease, and 6 were admitted for treatment.
The Court further noted that the test report of the cough syrup stated that 48.6% of DG was found in the cough syrup, which was a toxic and adulterated amount. The Court remarked that DG was an extremely dangerous substance that can cause acute kidney failure and had resulted in the death of children.
The Court stated that the doctor prescribed the cough syrup in violation of the guideline issued by the Directorate General of Health Sciences on 18.12.2023, which barred the prescription of Fixed Dose Combination (“FDC”) to children below the age of four years. In fact, despite knowing that children had started facing urine issues and kidney infections, he kept prescribing the cough syrup, which ultimately led to the death of several children.
Noting the aforesaid, the Court held that a prima facie case was made out against the doctor as well as the manufacturing company of the cough syrup, namely, Sresan Pharmaceutical Manufacturer, and others involved in the case, as the cough syrup was given to children despite knowing that it was adulterated to an extremely dangerous extent.
Furthermore, the Court noted that, as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup. In fact, the medical shop near his clinic was owned by people associated with him, and the stockist of the cough syrup in the district was his relative.
Considering that the special investigation team established for the investigation had only investigated the manufacturer company and further investigation of allegations against the doctor was required, the Court rejected the bail application.
[Dr. Praveen Soni v. State, Bail Application No. 99 of 2025, decided on 08-10-2025]
Advocates who appeared in this case:
For the applicant: Pawan Kumar Shukla
For the respondent: Public Prosecutor