Cough Syrup Deaths 'Most Shocking Case In Medical History': MP High Court Denies Relief Against Sealing, Licence Suspension Of Distributor

The Madhya Pradesh High Court has dismissed the appeal filed by a distributor of Coldrif cough syrup, challenging the sealing of his shop along with the cancellation of his drug license, observing the subject case to be 'the most shocking case in medical history'.

The bench observed that the appellant had an efficacious remedy of appealing before the State Government under the Drug Rules, 1945.

The case pertained to the death of as many as 30 children by alleged consumption of a cold syrup named Coldrif. The deaths started happening in August. 

The appeal was filed by Rajpal Kataria, challenging the order wherein his writ petition impugning the sealing of his shop, as well as the suspension and cancellation of his drug license, was dismissed.

The counsel for the appellant claimed that he filed a reply on October 10, 225, asking for further time to respond on the grounds that the documents were lying sealed in the premises. But the Single Bench declined to exercise its jurisdiction in favour of the appellant. 

The Single Judge, in its order, has recorded that the appellant has an alternative remedy of appeal under Rule 66(2) of the Drug Rules, 1945, whereby an appeal is permitted to the State Government. 

The division bench noted that the premises of the appellant were sealed after a raid was conducted by the authorities, where the stock of the said medicine was found. Subseuqntly, the appellant was issued a show cause notice.

The Division bench noted that the appellant has an efficacious alternative remedy of filing an appeal before the State Government and concurred with the Single Bench decision that if an appeal was filed the State Government would be entitled to look into all facts and circumstances to decide the appeal. The appeal was thus dismissed. 

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed; 

"The subject case is one of the most shocking case in the medical history where as many as 30 children have died by alleged consumption of cold syrup by the name of Coldrif. The deaths started happening in the month of August, September and October. The appellant admittedly is a distributor of the Coldrif cold syrup. A raid was conducted on the premises of appellant on 02.10.2025 where stock of the said medicine was found. The shop of the appellant was sealed and thereafter on 09.10.2025, a show cause notice was issued to appellant to show cause as to why the action under the Drug and Cosmetic Rules, 1945 be not taken of suspension and cancellation of licence. Thereafter, another show cause notice was issued on 11.10.2025 giving appellant time to respond on that very day". 

The bench further noted; 

"We are of the view that appellant has an efficacious alternative remedy of filing an appeal before the State Government... In case an appeal is filed by the appellant before the State Government, the State Government would be entitled to look into all the facts and circumstances of the case to decide the said appeal". 

Earlier, the Chhindwara Court had dismissed the bail application of a paediatrician, who was accused of knowingly prescribing Coldrif syrup to children under the age of 5, who, as a result, developed kidney problems and died.

Case Title: Rajpal Kataria v State of Madhya Pradesh [WA-3259-2025]

Citation: 2025 LiveLaw (MP) 264

For Appellant: Advocates Pal Jain and Sahil Billa

For State: Government Advocate Anubhav Jain 

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