1 2025:CGHC:19732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 515 of 2025 Maulana Saiyyad Jafar Ali S/o Saiyyad Anwar Ali Aged About 45 Years R/o Ramnagar, Near St. John School, Supela Thana and District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Drugs Inspector, Food and Drugs Administration, Durg (C.G.) ... Non-Applicant For Applicant : Mr. Aman Saxena, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 30.04.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Complaint Case No.1/2025 pending before learned Chief Judicial Magistrate, Durg (C.G.) for offence under Sections 27(c) and 36(A,C) of Drugs and Cosmetic Act, 1940. 2. Prosecution case, in brief, is that the applicant is proprietor of M/s Max Health Care Medical Store which has license to sell drugs from 29.06.2020 till 28.06.2025. The firm of the Applicant received notice from Food and Drugs Administration on 16.12.2021 the ofÏce of FDA had PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.01 12:49:36 +0530 2 tested certain samples of Favimax-400 (Favipiravir IP 400 mg) from Arzoo Medical Store which have turned out to be Misbranded Drugs and Spurious Drugs. The said drugs were manufactured by M/s Max Relief Health Care, Vill Anji, Solan (Himachal Pradesh). Upon finding out that the drugs being sold by Arzoo Medical Store is spurious/misbrabded, said notice dated 16.12.2021 was sent to M/s Max Health Care Medical Store as M/s Max Health Care Medical Store had purchases 6 packets (60 tablets) of the said sample from Arzoo Medical Store vide invoices dated 09.05.2021 and 11.05.2021. Upon receipt of the said notice, the M/s Max Health Care Medical Store immediately replied to the Food and Drugs Administration that it has stopped any sale of such drugs procured from Arzoo Medical Store and further it was unware that said purchase of drugs from Arzoo Medical Store is misbranded/spurious. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is a proprietor of M/s Health Care Medical Store which had merely purchased only 6 packets of the Favimax-400 (Favipiravir IP 400 mg) drugs from another Medical Store i.e. Arzoo Medical Store. He further submits that the applicant is not the manufacturer of the suspect drugs and applicant itself is a victim as he has been sold spurious drugs by Arzoo Medical Store in a chaotic time like Covid-19 second wave. He also submits that the alleged offence is said to be committed from May 2021. The present prosecution complaint is just an afterthought to make an example out of the applicant as against the real culprits i.e. the manufacturer and distributor of the spurious drug, further the applicant has no previous criminal antecedents, hence, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel appearing for the non-applicant opposes the grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration of the facts and circumstances of the case, nature of dispute, the material available on record and the fact that the applicant is a proprietor of M/s Health Care Medical Store which had merely purchased only 6 packets of the said drugs from another Medical Store i.e. Arzoo Medical Store, further the applicant is not the manufacturer of the suspect drugs and applicant itself is a victim as he has been sold spurious drugs by Arzoo Medical Store in a chaotic time like Covid-19 second wave, also considering the fact that the the alleged offence is said to be committed from May 2021, further he has no previous criminal antecedents, thus, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of applicant - Maulana Saiyyad Jafar is allowed. It is, therefore, directed that if the applicant furnishes a personal bond of Rs. 20,000/- with a solvent surety in the like sum to the satisfaction of the Chief Judicial Magistrate, Durg , District – Durg (C.G.) in Criminal Complaint Case No.1/2025 he be released on bail. Order shall be in force till disposal of the case. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti