1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1363 of 2025 Bhupendra Kumar Sinha S/o Vijay Shankar Sinha, Aged About 53 Years R/o D-367, Sanmukh Apartment Bakeri, City Vejalpur, Makarba Road, Ahmedabad, Gujrat, Pin 380051 ... Applicant versus State of Chhattisgarh Through Drugs Inspector, Food And Drugs Administration, Durg (C.G.) ... Non-Applicant For Applicant : Mr. Uttam Pandey, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 09.09.2025 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), 27(d) and 36(A,C) of Drugs and Cosmetic Act, 1940. 2 2. According to the complaint, on 07.07.2021, Drug Inspector Shri Brijraj Singh collected a sample of the medicine Favimax-400 TP (Favipiravir IP 400 mg), Batch No. TP-0321892. Upon testing, the medicine was declared to be misbranded and spurious. The said medicine was purchased from M/s R.B. Remedies Private Limited, Ahmedabad, which was subsequently ordered to stop the sale and purchase of the said drug. As per the records submitted by M/s R.B. Remedies Pvt. Ltd., the medicine was procured from Anisum Life Sciences, Ahmedabad, which was also directed to cease the sale and purchase of the said medicine. Further investigation revealed that the remaining supply chain could not be traced, and the manufacturer of the medicine also could not be identified or located. 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 was working as a salesman in the firm on a monthly salary of Rs.25,000/- and was not a permanent employee. Presently, he has left the said job and is working at another shop. He has been implicated solely because his name appeared on the license of the medical shop. It is further submitted that the anticipatory bail application of one of the co-accused, namely, Maulana Saiyyad, who was the licensee of the medical shop, has already been allowed by this Court vide order dated 30.04.2025 passed in MCRCA No. 512/2025. The applicant has no previous criminal antecedents. Hence, he prays for grant of anticipatory bail. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.10 11:41:11 +0530 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 was serving as a salesman in the firm, further the anticipatory bail application of one of the co-accused, namely, Maulana Saiyyad who was licensee of the medical shop has already been allowed by this Court vide order dated 30.04.2025 passed in MCRCA No. 512/2025, 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 - Bhupendra Kumar Sinha 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