MP Cough Syrup Deaths Case: HC denies bail to paediatrician

Bhopal: In a significant development in the alleged cough syrup deaths case linked to the deaths of several children, the Madhya Pradesh High Court has denied bail to a paediatrician accused of prescribing a banned fixed-dose combination cough syrup to children below the age of four.

A Single Judge Bench of Justice Pramod Kumar Agrawal dismissed the bail application, observing that the accused had allegedly prescribed a fixed-dose combination medicine prohibited for children under four years of age through a government circular issued on December 18, 2023. The Court noted that the alleged conduct resulted in serious consequences, leading to the deaths of innocent children and causing large-scale harm to public health. 

Also Read:HC Refuses Bail to Pharmacist Accused in Contaminated Cough Syrup Case

Medical Dialogues had previously reported that the Madhya Pradesh High Court had rejected the regular bail application of a government doctor and a pharmacist accused in the Coldrif cough syrup tragedy that has been linked to the deaths of more than 26 children in Chhindwara district.

The applicant, a child specialist practising in Parasia, Chhindwara district, for more than 45 years, was arrested on 7 March 2026 after an FIR was registered against him under Sections 105, 276 and 238(b) of the Bharatiya Nyaya Sanhita, 2023, and Section 27(a) of the Drugs and Cosmetics Act, 1940.

The applicant contended that he had no connection with the main accused of the Madhya Pradesh Cough Syrup Deaths Case or any of the other co-accused persons in the case. He maintained that he was unaware of any contamination or adulteration in the syrup and had prescribed it in good faith as part of his medical practice. He further stated that he neither received any commission from the manufacturer nor the distributor for prescribing the medicine.

The accused also contended that the deaths were not caused by the fixed-dose combination itself but by the presence of an adulterant in the medicine. He pointed out that only two of the four deceased children allegedly treated by him were named in the charge-sheet and that his name appeared only in the supplementary charge-sheet.

The State contended that Government Laboratory and Drug Department reports conclusively established that cold-relief 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, reports SCC Online.

It was also contended that the accused was aware that several children were developing acute kidney injuries in a cluster pattern suggestive of a drug-related adverse effect, yet failed to alert the Drug Department, hospital authorities, or any competent authority.

According to The Daily, the High Court noted that the facts of the present case were distinguishable from those considered by the Supreme Court in Jacob Mathew v. State of Punjab (2005), as the complaint in the present matter had been lodged by a competent authority, namely the 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 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, reports the SCC Online.

In light of the seriousness of the allegations and the impact on public health, the Court concluded that the matter was not fit for the grant of bail. Accordingly, the bail application was dismissed.

Also Read:Madhya Pradesh HC Defers Bail Plea of Paediatrician Arrested in Cough Syrup Deaths Case