1 2025:CGHC:59202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1885 of 2025 Rajkumar Ambuvani S/o Shival Das Ambuvani Aged About 70 Years R/o Sindhi Colony, Raigarh P.S. Chakradhar Nagar District Raigarh Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Its Inspector, Food And Drug Administration District Raigarh Chhattisgarh ...Non-applicant For Applicant : Mr. Mateen Siddiqui, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with B.A. No. 1086/2025 registered at Inspector, Food and Drug Administration District : Raigarh (C.G.) for the offences punishable under Sections 17(B)(b) & (e), 18(A), 18(C), 27(C) 28, 27(b)(ii) of Drug & Cosmetic Act, 1940. 2. The prosecution's case, in brief, is that, the instruction of Assistant Drug Controller of the Food & Drug Administration one employee of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.06 12:09:46 +0530 2 the department namely Damrudhar Mishra has been sent as a costumer on 21.07.2025 to the applicant's son (namely Satish Kumar Ambuvani) shop to purchase Panderam++ Cream and he has been Rs 200/- .And the applicant sold the Panderm ++ cream (Batch No. 18241408A, manufacturing date 07/2024 and date of expire 06/2026 Manufactured by Macleods Pharmaceuticals Ltd.) at Rs 100/-. Thereafter the team of Food & Drug Administration raided the shop of the applicant's son and recovered the note of Rs 200/-from the counter of the applicant's son shop. During the investigation the applicant was unable to show documents with regards purchase of the alleged cream further it was found that proprietor of the shop is the present applicant's Ambuvani and who was not present at the shop. Thereafter team of Food & Drug Administration seized the alleged cream and taken the sample of the cream and sent it for forensic test and on 03.10.2025 report of Government Forensic Examination Laboratory, Kalibadi, Raipur of seized article has given, it was found that seized article cream is fake. Inspection of Food & Drug Administration has taken cognizance Under Section 17 B (b) & (e), 18(A), 18(C), 27(C), 28, 27(b)(ii) of Drug & Cosmetic Act, 1940 against the present applicant's son namely Satish Kumar Ambuvani and requested for the Judicial remand as per the provision of section 187 of BNSS. 3. Learned Counsel for the applicant submits that the appliant is innocent and has been falsely implicated in the present case. He further submits that although the applicant was present at the shop at the time of the raid conducted by the Inspector, Food and Drug Administration, the police authorities have no jurisdiction to investigate 3 offences under the Drugs and Cosmetics Act, and therefore the investigation was rightly undertaken by the Food and Drug Administration. It is further submitted that the applicant’s son, Satish Kumar Ambuvani, has already been arrested by the Food and Drug Administration and remanded to judicial custody under Section 187 of the BNSS. The applicant is a 70-year-old person and has no role whatsoever in the alleged offence. The entire prosecution case is concocted, baseless, arbitrary, and actuated by mala fides. The applicant is a permanent resident of the address mentioned in the cause title and owns landed property there; hence, there is no likelihood of absconding, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is observed that the applicant’s son, Satish Kumar Ambuvani, has already been arrested by the Food and Drug Administration and remanded to judicial custody under Section 187 of the BNSS. The applicant is a 70- year-old person and no material has been brought on record to show his involvement in the alleged offence. Therefore, without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of anticipatory bail to the present applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajkumar Ambuvani, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav