Protecting Society From Counterfeit Medicines Is Essential: Bombay High Court Cancels Bail In Spurious Drug Racket Case

Emphasizing the gravity of the crime, the Bench noted that circulating spurious drugs not only causes immediate organ damage or treatment failure but also threatens the biological health of future generations, effectively vitiating the lower court's "improper" exercise of discretion in granting bail.

The Bench of Justice MM Nerlikar observed, “The circulation of such drugs also weaken public trust in healthcare systems, discouraging people from seeking proper treatment and creating cycle of poor health. Economically, families and nation suffers from repeated progress. Tragic incidents, such as deaths of children from contaminated cough syrups, show the urgent need for strong safety measures against spurious drugs. Protecting society from these counterfeit medicines is essential to ensure the health and prosperity of both present and future generations.”

APP N.B. Jawade appeared for the State, while Advocate L.G. Agrawal appeared for the Non-applicant.

Facts of the Case

An application was filed by the State of Maharashtra seeking cancellation of bail of one Robin, who was accused of offences punishable under Sections 420, 467, 468, 471, 274, 275, 276, 120-B and 34 of the Indian Penal Code. The Accused, Vijay Choudhary, had purchased drugs, i.e. Ciprofloxain Tablets 500 mg, Recip-500 Tablets and supplied the same to the accused Mihir Trivedi. Said Mihir supplied the said drugs to Hemant Muley, who was the successful bidder in the tender floated by the State Government.

Muley supplied the said drugs to the Civil Surgeon, General Hospital, Nagpur, which were distributed to the various rural hospitals. The complainant – drug inspector, had taken samples of the drugs and forwarded them for analysis at Bombay, whose report stated that the samples did not give an identification test for the presence of Ciprofloxacin Hydrochloride, and thus, the same is spurious under Section 17-B of the Drugs and Cosmetics Act. On the basis of this material, the aforesaid crime came to be registered.

Contention of the Parties

The A.P.P. submitted that the accused persons conspired to supply spurious (fake) medicines to Government Hospitals under a 2021 Maharashtra Government tender. The prosecution alleged that the successful bidder, Hemant Muley, used a chain of middlemen—Mihir Trivedi, Vijay Choudhary, and the non-applicant, Robin—to procure these drugs.

According to the prosecution, Robin was the main link who ordered drugs from Amit Dhiman, a manufacturer licensed only for animal feed, not human medicine. The A.P.P. highlighted suspicious bank transactions totaling ₹2.85 Crores involving Robin and his family members. It was further alleged that fake bills were seized from Robin's house and that he faced 10 other criminal cases. The State argued that Robin knew the drugs were fake and sought to cancel his bail.

In response, the Non-applicant argued that the case relied solely on a co-accused’s confession. He stated that the large financial transactions were for property dealings, not medicines. The defence claimed Robin had no knowledge the drugs were spurious and that he paid the manufacturer, Amit Dhiman, in cash. Since Robin had already secured bail in seven other cases, the Counsel argued that the lower court's decision was correct and should not be reversed.

Observations

The Court observed, “The health of people today, but, also the safety and future of generations to come. These fake drugs are usually of poor quality and may contain harmful, inactive or incorrect ingredients. As a result of which they can cause serious health problems such as poisoning, organ damage or failure of treatment. Over the time, their effect can be more damaging, leading to genetic harm, reproductive issues and weakened immunity that may be passed to future generations.”

The Court said that it appears that the order of these spurious drugs was placed by Vijay Choudhary with Robin; accordingly, the drugs were procured from Amit Dhiman by Robin, and the same were supplied. It further appeared that there are many transactions between Vijay Choudhary and the non-applicant Robin.

The High Court observed that the financial trail is the most damning evidence against the non-applicant, Robin. From November 2022, approximately ₹2.85 Crores was transferred from the accounts of Vijay and Shailendra Choudhary into the bank accounts of Robin, his wife Priya, and his mother Poonam.

The Court rejected Robin’s explanation that Dhiman only accepted cash. It ruled that Robin knowingly ordered spurious drugs from an unlicensed manufacturer to maximize profits.

The High Court noted that the lower court failed to consider these massive monetary transactions. Bail was originally granted simply because Robin wasn't the "manufacturer" and the trial would take time, which the High Court found insufficient given the seriousness of the "racket."

“All these factors goes to show that these labels are forged labels, prepared with an intention to show that whatever medicines which are supplied, those are genuine and not spurious one, therefore, this is nothing but, forgery within the meaning of Section 467 of the Indian Penal Code to which the punishment provided is of ‘life imprisonment’ or which may be extended upto 10 years. Therefore, considering the above material, I am inclined to allow the application filed by the State and quash the impugned order as according to me the discretion exercised by the learned Judge is improper, thereby vitiating the said order”, the Court ordered.

Accordingly, the Application was allowed, and the order granting bail to the Accused Robin was quashed and set aside.

Cause Title: The State of Maharashtra v. Robin @ Himanshu Vijaykumar Taneja [Neutral Citation: 2026:BHC-NAG:4723]

Appearances:

State: APP N.B. Jawade

Non-applicant: Advocate L.G. Agrawal

Click here to read/download the Order