Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 47376 (PNJ)

AMANDEEP SINGH ALIAS AMAN v. STATE OF PUNJAB

CRM-M/21045/2025 · 2025-05-12

Harpreet Singh Brar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-21045-2025 -1- 284 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21045-2025 Date of decision: 12.05.2025 Amandeep Singh @ Aman ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Paras Talwar, Advocate for the petitioner. Mr. Rishabh Singla, AAG, Punjab. HARPREET SINGH BRAR, J. 1. The present petition is preferred under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘BNSS’) seeking anticipatory bail in the case stemming from FIR No.58 dated 17.03.2025 registered under Section 124 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter ‘BNS’) and Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 at Police Station City Sangrur. 2. Briefly, the facts, as alleged, are that the petitioner ran advertisements on social media platforms- Facebook and Instagram regarding his oil, claiming it will help overcome baldness. It was further stated that he would be holding a camp on 16.03.2025 at Kali Mata Temple, Sangrur. On the said date, the complainant arrived at the venue and the petitioner applied his oil to his head. The petitioner asked him to wash it after 5 minutes. However, after the complainant washed his head, his eyes started burning and his face swelled up. The complainant went to the Civil Hospital, Sangrur where he found out Neha 2025.05.14 17:48 I attest to the accuracy and integrity of this document CRM-M-21045-2025 -2- that 60-70 people had arrived there with identical complaints. Consequently, FIR(supra) was registered. 3. Learned counsel for the petitioner inter alia contends that the petitioner is a famous hair stylist with about 86.9 thousand followers on social media. He has helped many customers suffering from massive hair loss using his home-made herbal ingredients-based oil. The petitioner has also applied for a patent for the said oil (Annexure P-2). On the date of the alleged occurrence i.e. 16.03.2025, over 500 people attended the camp. The petitioner loudly conveyed the proper procedure to the attendees but they did not abide by it, causing the alleged issues. 4. Per contra learned State counsel submits a status report dated 08.05.2025 in Court today and the same is taken on record. He further submits that the Senior Medical Officer, Sangrur (SMO) informed the police regarding admission of 71 injured people at the Civil Hospital, Sangrur after using the oil manufactured by the petitioner. Answering the specific queries put to him, the SMO opined that the cause of reaction was severe contact dermatitis- a kind of conjunctivitis caused by contact with an irritant. Further, while the injuries are simple in nature, vision loss could have occurred if the cornea got involved. 5. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that the petitioner is a social media influencer who has developed a hair oil that claims to aid hair growth. He organized a camp at Sangrur on 16.03.2025 where he sold a bottle of the said oil along with a bottle of shampoo for Rs. 1300/-. It appears that about 500 persons were in attendance at the event and as many as 71 of them faced severe irritation in the eyes due to the use of the said oil. The severity of Neha 2025.05.14 17:48 I attest to the accuracy and integrity of this document CRM-M-21045-2025 -3- the discomfort caused therefrom can be ascertained from the fact that they had to rush to the Civil Hospital, Sangrur for immediate treatment. 6. Beauty, in spite of being fleeting and superficial in nature, has beguiled mankind since time immemorial. Even in the 16th century play- A Midsummer Night’s Dream, the character Helena laments on how virtue must supersede appearances. To communicate the same, playwright William Shakespeare in his unique style, wrote as follows: “Love looks not with the eyes, but with the mind; and therefore is winged Cupid painted blind.” 7. The desperation to look attractive and save the receding stocks has choke-hold on men and women alike, even today. The present matter is yet another unfortunate example of internet-famous, unqualified quacks taking advantage of common man’s insecurities. One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures. The constant pressure to look a certain way often has a deleterious effect on mental health of children and adults alike. In fact, in this day and age where social media and marketing agendas so deeply affects one’s self-esteem, we, as a society, must endeavour to promote authenticity over curated perfection. 8. Evidently, the public is ready and willing to invest in products that are in vogue, however ineffective they may be. As such, this Court is of the considered opinion that a product must be only be introduced in the market after ensuring its safety and determining possible side-effects, to avoid or mitigate any harm. In that vein, advertising a product making tall, misleading claims, without any scientific evidence or clinical testing to back it up, must be Neha 2025.05.14 17:48 I attest to the accuracy and integrity of this document CRM-M-21045-2025 -4- strictly condemned. Maintenance of general public health as well as a sense of trust in the market is a duty of the State that must be performed with utmost sincerity 9. In view of the discussion above, this Court does not find it apposite to grant the concession of anticipatory bail to the petitioner. Accordingly, the present petition is dismissed. 10. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 12.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.14 17:48 I attest to the accuracy and integrity of this document