Surendra Kamnani vs. State Of Chhattisgarh

Facts

The applicant, Surendra Kamnani, is seeking regular bail in connection with Criminal Case No. 01/2025, registered under the Drugs and Cosmetics Act, 1940, and its rules. The prosecution alleges that during an inspection, pharmaceutical consignments dispatched by Maa Bijasan Medicos, Indore, to Saraswati Medical Store, Sarangarh, were seized and found to be substandard. The applicant, a salesman at Saraswati Medical Store, is alleged to have been in regular contact with the supplier and placed orders for these medicines, making payments through his bank account. The complaint has been filed, and charges have been framed. The applicant claims innocence, stating he is merely a salesman with no role in procurement or supply, and that the medicines in question are unrelated to him or the store. He also cites his poor health and the bail granted to the store owner, Khemram Bani, on grounds of parity.

Held

The Court allowed the bail application of the applicant, Surendra Kamnani. The Court considered the facts and circumstances of the case, the nature of the allegations, the fact that the complaint had been filed and charges framed on July 10, 2026, and that the applicant was merely a salesman with no prior criminal antecedents. Crucially, the Court noted that the owner of the medical store, Khemram Bani, whose role was considered prima facie more significant, had already been granted bail by this Court in MCRC No. 4636/2026 on April 15, 2026. Finding the applicant's case to be on a better footing than that of the co-accused, the Court applied the principle of parity. The Court also considered the absence of any criminal antecedents and the fact that no further custodial interrogation was required. The Court stated it was inclined to enlarge the applicant on regular bail without expressing any opinion on the merits of the case. The applicant was directed to furnish a personal bond with two sureties to the satisfaction of the court concerned, subject to specific conditions regarding his presence in court and adherence to trial proceedings.

Key Issues

1. Whether the applicant, Surendra Kamnani, a salesman, is entitled to regular bail in Criminal Case No. 01/2025, registered under the Drugs and Cosmetics Act, 1940, considering the allegations of involvement in the procurement of substandard medicines? Petitioner's Arguments: The applicant contends he is innocent and falsely implicated, working merely as a salesman with no involvement in the manufacture, procurement, or supply of substandard medicines. He claims no purchase orders were placed with the supplier, Maa Bijasan Medicos, Indore, and the medicines in GST bills are unrelated. He argues no further custodial interrogation is needed as the complaint is filed and charges framed. He also highlights his poor health and the bail granted to the store owner, Khemram Bani, on parity, arguing his case is on a better footing. Revenue's Arguments: The State opposes the bail application, asserting sufficient material on record prima facie establishes the applicant's involvement. They state investigation revealed constant contact with the supplier and orders placed via his bank account. The Government Drug Laboratory report confirms the medicines were substandard. The State emphasizes the nature and gravity of the allegations, the impact on public health, and prays for rejection of the bail application.