'Weakens Public Trust In Healthcare': Bombay High Court Cancels Bail Of Accused For Supplying Fake Medicines To Govt Hospitals

The Bombay High Court has held that the circulation of spurious drugs poses a serious threat to public health and weakens public trust in healthcare systems. The Court observed that offences involving the supply of fake medicines to government hospitals are grave in nature and cannot be treated lightly at the stage of grant of bail.

Justice M.M. Nerlikar was hearing an application filed by the State seeking cancellation of bail granted to the accused in a case involving the supply of spurious drugs to government hospitals. The prosecution's case was that a chain of accused persons procured fake Ciprofloxacin tablets and supplied them through intermediaries to a government contractor, who in turn supplied them to civil hospitals, from where they were distributed to rural hospitals. Laboratory analysis revealed that the drugs did not contain the required active ingredient and were classified as spurious under the Drugs and Cosmetics Act. The defence contended that there was no direct material linking the accused to the manufacture of spurious drugs and that he had no knowledge of their nature. It was further argued that the transactions were unrelated and that the accused had already been granted bail in several other cases.

The Court examined the record and found that there were significant financial transactions between the accused and other co-accused involved in the procurement and supply of drugs, while there were no corresponding transactions with the alleged manufacturer. It held that the explanation offered by the accused regarding cash payments was not credible and that the circumstances indicated knowledge and active participation in the offence.

The Court emphasised that spurious drugs are a hidden danger that can cause serious health consequences, including poisoning, organ damage and treatment failure, and may have long-term effects on public health. It noted that such activities not only endanger lives but also erode confidence in public healthcare systems. It observed:

“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.”

The Court further held that the trial court had failed to properly consider the monetary transactions between the parties, and bail was granted on the notion that the non-applicant is not the manufacturer of the seized spurious drugs and the complexity of the case. Noting that multiple criminal cases were registered against the accused and that the offence involved a larger conspiracy, the Court held that the discretion exercised in granting bail was improper and legally unsustainable.

The Court also noted that the names of the medicine have also been written on the boxes, which goes to show that these forged labels were prepared with an intention to show that the medicines are genuine ones and not spurious.

Accordingly, the High Court allowed the application, quashed the order granting bail, and directed that the accused be taken into custody in connection with the case.

Case Title: State of Maharashtra v. Robin [Criminal Application (APPLN) No. 73 of 2025]

Citation: 2026 LiveLaw (Bom)149

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