HC Refuses Bail to Pharmacist Accused in Contaminated Cough Syrup Case

Bhopal: The Madhya Pradesh High Court has 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 bench, led by Justice Pramod Kumar Agrawal, held that the matter involves serious allegations with large-scale public health harm and is not fit for bail at this stage.

The case stems from Crime No. 296/2025 registered at Police Station Parasiya, under Sections 105 and 276 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 27(A) of the Drugs and Cosmetics Act, 1940. Prosecutors allege that the paediatrician prescribed Coldrif syrup—a fixed-dose combination— to children between 2 and 5 years old, despite warnings and regulatory guidelines prohibiting its use in young children.

The High Court noted that laboratory tests showed the syrup contained Diethylene Glycol (DEG) far above permissible limits, a known nephrotoxin linked to acute kidney failure and fatalities in paediatric patients. The prosecution also alleged that a licensed pharmacist working at the co-accused’s medical store dispensed the contaminated syrup without proper billing, records or traceability, and that evidence relating to the distribution was tampered with.

During the hearing, the state presented evidence that Coldrif syrup had been banned for children under four years by a government circular issued on December 18, 2023, and that doctor continued prescribing it even after being cautioned by a senior paediatrician about the dangers of DEG contamination—which had caused mass child deaths in a past incident.

Senior counsel appearing for the doctor argued that the applicant was innocent and falsely implicated. The defence contended that the doctor neither manufactured nor marketed the cough syrup and had no role in its composition. It was further submitted that the medicine was manufactured under a valid licence, had been in circulation for years, and was not banned at the time of prescription. Relying on the Supreme Court’s ruling in Jacob Mathew vs. State of Punjab (2005), counsel argued that criminal proceedings against a medical practitioner require a prior expert enquiry. The defence also highlighted the applicant’s professional reputation and the likelihood of a prolonged trial while seeking bail.

Opposing the plea, the Additional Advocate General emphasised the gravity of the allegations. The State submitted that DEG is a well-known nephrotoxin, particularly dangerous for children, and cited government laboratory and drug department reports confirming contamination. The prosecution further alleged that Dr. Soni continued prescribing the syrup despite being cautioned about potential toxicity. It also pointed to alleged financial gains, including commissions, and irregularities involving a nearby medical store operated by co-accused persons.

After hearing both sides and examining the case records, the High Court found no grounds for granting bail. The Court observed that considering the overall facts and circumstances, including the alleged deaths of more than 26 minor children and the serious public health implications, the case was not fit for bail.

In its ruling, the Court stated:

“Consequently, the present bail application stands dismissed.”

The Court further clarified:

“It is made clear that any observations made herein are only for the purpose of deciding the present petition and shall not be construed as an expression on the merits of the case.”

To view the order click the link below: