1 2025:CGHC:48808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1477 of 2025 Ujjwal Shrivastava S/o Raghunath Shrivastava Aged About 58 Years R/o 30 Philoris Ville, Sky City, 07 Club Road, S.P. Ring Road, South Bopal, Shilaj Ahmedabad, Pin 380058. ... Applicant versus State Of Chhattisgarh Through Drugs Inspector, Food And Drugs Administration, Durg C.G. ... Respondent For Applicant : Shri Sunil Kumar Pandey and Smt. Pooja Sinha, Advocates. For Respondent/State : Ms. Supriya Upasane, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/09/2025 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.01/2025 pending before learned Chief GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 15:47:17 +0530 2 Judicial Magistrate, Durg (C.G.) for offence under Sections 27(c), 27(d) and 36(A,C) of Drugs and Cosmetic Act, 1940. 2. According to complaint case on 07.07.2021, the drug inspector Shri. Brijraj Singh collected the medicine Favimax-400 TP- (Favipiravir IP 400 mg), batch number TP-0321892, from Arzoo Medical Store Bhilai (CG) after testing, the medicine was declared of Misbranded and Spurious drugs. The same was purchased from M/s R.B. Remedies Private Limited Ahmedabad, which was ordered to stop the sale and purchase of the said medicine. In the record submitted by M/s R.B. Remedies Private Limited, it shows that the medicine was purchased by Anisum Life Sciences Ahmedabad, who was also ordered to stop the purchase and sale of the said medicine. The Anisum Life Sciences submitted reply and it came to light that the medicine belongs to M/s Aarmed Formulation Pvt. Ltd. Ahmadabad further investigation reveals that further chain of supplier could not be traced as well as the manufacturer also could not be located or traced. According to the complaint, the applicant has been shown as proprietor/director of M/s R.B. Remedies Pvt. Ltd. Shed No. 26, 27 Skyline Infra Hub, Matoda Patia Ahmedabad. The firm drugs so recovered, the sample of the drugs were collected and sent to Govt. analyzer, state drug has been sent to FDA for analysis which turned out to be misbranded drug and spurious, the said drugs was manufactured by Max Relief Health Care Village Angi Solan (Himanchal; Pradesh) which could not be ascertained and located 3 at the place mentioned above. Upon analysis it find out that the drugs has been sold by Arzoo medical store is spurious and misbranded. The Ld. Lower court in the impugned order has mentioned that the laboratory report dt. 15.12.2021 reveals that the said medicine Favimax-400 has been declared misbranded under cosmetic drugs Act 1940 Rule 17 and 17 (b) of the rules 1945 therefore notices were issued immediately to M/s. Arzoo Medical store. On the basis of the evidence collected through investigation complaint case came to be filed against 14 persons of various states and the applicant has been arrayed as accused No. 11, hence the bail application is being filed. 3. Learned counsels for the applicant submits that the applicant is innocent and he has been falsely implicated in this complaint and he is the first offender as well as he is not knowing as to what offence has been committed by him as he is not the manufacturer of the drugs and there is no criminal record against him. They would submit that co-accused Maulana Saiyyad Jafar Ali has been granted anticipatory bail by this Court in MCRCA No.515/2025 on 30/04/2025, co-accused Bhupendra Kumar Sinha has been granted anticipatory bail by this Court in MCRCA No.1363/2025 on 09/09/2025 and co-accused Neelam Shrivastava has been granted anticipatory bail by this Court in MCRCA No.1432/2025 on 17/09/2025, therefore, they submit that the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that co- accused Maulana Saiyyad Jafar Ali has been granted anticipatory bail by this Court in MCRCA No.515/2025 on 30/04/2025, co- accused Bhupendra Kumar Sinha has been granted anticipatory bail by this Court in MCRCA No.1363/2025 on 09/09/2025 and co- accused Neelam Shrivastava has been granted anticipatory bail by this Court in MCRCA No.1432/2025 on 17/09/2025, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ujjwal Shrivastava, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will 5 be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri