1 2026:CGHC:27289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1009 of 2026 Vansh Kesharwani S/o Khemram Bani Aged About 21 Years R/o Baniyapara (Wrongly Mentioned As Baniyapar) Sarangarh District Sarangarh-Bilaigarh C.G. ... Applicant(s) versus State Of Chhattisgarh Through Deputy Director, Food And Drugs And Cosmetic Administration Department, Raipur District Raipur C.G. ... Non-Applicant For Applicant(s) : Mr. Manoj Paranjpe, Sr. Advocate assisted by Mr. Kabeer Kalwani, Advocate For Non-Applicant : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.01/2025 registered at Police Station KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.03 18:29:51 +0530 2 Deputy Director, Food And Drugs And Cosmetic Administration Department, Raipur District Raipur (C.G.) for the offence punishable under Sections 18(a)(i) read with Sections 17B(c) and 17B(d), Section 18(a)(i) read with Section 17(b) read with Rules 95 and 96(1)(i)(A)(b), Section 18(c) read with Section 3(f) and Section 18A and Sections 27(c), 27(d), 27(b)(ii), and 28 of the Drugs and Cosmetics Act, 1940. 2. Prosecution case in brief is that pursuant to the order dated 10.11.2025 passed by the Assistant Drug Controller, Food and Drug Administration, Raipur, a joint inspection was conducted at Nagpur Golden Transport, Gogoan, Ring Road No. 2, Raipur. During inspection, transport documents and the GST bill relating to medicines supplied by Maa Bijasan Medicos, Indore to Saraswati Medical Store, Sarangarh were examined, whereupon certain medicines were suspected to be sub-standard. The medicines were seized, samples were sent to the State Drug Laboratory, Raipur for analysis, and the laboratory report confirmed them to be sub-standard. Thereafter, the medical store of co-accused Khemram Bani, father of the present applicant, was inspected, during which the applicant's mobile phone was also examined. It is alleged that a photograph of the cover of one of the seized medicines was found in the gallery of the applicant's mobile phone. The prosecution further alleges that Khemram Bani, along with co-accused Surendra @ Surendra Kumar Kamnani @ Bunty and Surendra Murari Sindhi, was engaged in 3 the business of sale and purchase of sub-standard medicines. Since the proceedings were initiated by the Deputy Director, Food and Drugs Administration and no FIR has been registered, the matter is under investigation and a complaint is proposed to be filed before the competent court upon completion of the inquiry. Hence, the bail application. 3. Learned Senior counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that the medical store has been in operation for more than 30 years under a valid drug licence issued by the competent authority. Although the business is carried on in the name and style of M/s. Saraswati Medical Store, the licence and registration stand in the name of the applicant's father, who has been running the establishment for decades. He also submits that the only allegation against the present applicant is that a photograph of the cover of one of the medicines was found in the gallery of his mobile phone, which by itself does not establish his involvement in the alleged sale or distribution of sub- standard medicines. He later submits that there is no material to show that the applicant was engaged in the business of manufacturing, supplying or selling the alleged sub-standard medicines, and therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 4 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, nature of dispute and the fact that though during the inspection of the medical store run by his father, a photograph of the cover of one of the seized sub-standard medicines was found in the Whatsapp gallery of his mobile phone, on the basis of the said material, the prosecution alleges that the applicant was connected with the business of sale and purchase of the sub-standard medicines along with the co-accused persons, but considering the fact that the applicant has no criminal antecedents, as such, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Vansh Kesharwani, on executing a personal bond with 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 5 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 their adhaar card alongwith a colored 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve