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Madhya Pradesh High Court: In a bail application filed by another paediatric doctor who was arrested in the Madhya Pradesh Cough Syrup Deaths Case, the Single Judge Bench of Pramod Kumar Agrawal, J., dismissed the application, holding that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Circular issued by the Government on 18 December 2023 (the Circular), due to which many innocent children died.
Background
The accused was a child specialist rendering medical services in Parasia, District Chhindwara, for more than 45 years, and his son was also a child specialist and practises in Parasia. Allegedly, he prescribed coldriff cough syrup to the children who were about 4 years old. Thus, an FIR was filed against him under Sections 105, 276 and 238(b), Nyaya Sanhita, 2023 (BNS), and Section 27(a), Drugs and Cosmetics Act, 1940 (DC Act), and he was arrested on 7 March 2026.
The accused contended that he had no connection with the main accused of the Madhya Pradesh Cough Syrup Deaths Case, Dr Praveen Soni, and other co-accused persons. He had no information regarding any contamination or adulteration in the syrup. He neither received any commission from the manufacturer nor distributor for prescribing coldriff cough syrup. He claimed that he prescribed the cough syrup to the patients in good faith. The applicant had no knowledge that the particular batch of syrup was adulterated and would cause death.
He further contended that out of the 4 deceased children alleged to be treated by him, only 2 had been mentioned in the charge-sheet, and he was only mentioned in the supplementary charge-sheet. He further submitted that the death of children was not caused by fixed dose compound medicine, i.e., paracetamol+ chlorpheniramine maleate + phenylephrine, but rather by the adulteration of some poisonous substance in the medicine.
The State contended that Government Laboratory and Drug Department reports conclusively established that coldriff cough syrup contained diethylene glycol (DEG) at 46.28 per cent W/V, whereas the permissible pharmacopoeial limit is 0.1 per cent W/V. DEG was a well-known nephrotoxin, especially fatal in children, and the cause of death was acute kidney failure/acute tubular necrosis (ATN). It was further submitted that, as per the Circular issued by the Government of India, Directorate General of Health Services, Central Drugs Standard Control Organization (FDC Division), the fixed dose compound, i.e., chlorpheniramine maleate + phenylephrine, for children below the age of 4 years was banned. In spite thereof, the accused prescribed the cough syrup to the children, which was a fixed-dose compound.
The State further contended that the accused was aware of the fact that the children were developing acute kidney injury. Multiple cases appeared in cluster form, indicating a drug-related adverse effect; even then, he did not inform the Drug Department, competent authority, and Hospital Administration.
Analysis
Considering the facts and circumstances of the case, the Court noted that the facts of the case were different from the facts and circumstances of Jacob Mathew v. State of Punjab, (2005) 6 SCC 1, because in this case, a report was lodged by a competent authority (Block Medical Officer).
Furthermore, the Court held that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Circular, due to which many innocent children died. The alleged cough syrup caused harm to the public health on a large scale, and the Head of the Pediatric Department in Government Medical College, Nagpur, had stated that fixed-dose combination should not be given to children below the age of 4 years.
Thus, the Court held that this was not a fit case for bail. Accordingly, the application was dismissed.
Also Read: Read why Allahabad HC granted interim bail to Vibhor Rana accused in Codeine Cough Syrup Case
[S.S. Thakur v. State of M.P., Misc. Criminal Case No. 17066 of 2026, decided on 22-5-2026]
Advocates who appeared in this case:
For the petitioner: Senior Advocate Anil Khare and Akshat Arjaria
For the respondent: Government Advocate C.M. Tiwari and Vikas Sharma
