Law & Justice

Supreme Court Denies Bail to Paediatrician Accused of Prescribing Contaminated Cough Syrup

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Supreme Court Denies Bail to Paediatrician Accused of Prescribing Contaminated Cough Syrup

The Supreme Court rejected a bail application filed by paediatrician Praveen Soni, who was arrested on 5 October 2025 for allegedly continuing to prescribe Coldrif cough syrup that is linked to the deaths of 26 children in Madhya Pradesh. A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana declined to entertain the plea, noting that the case is serious and that charges were only recently framed. The bench also pointed out that the stockist involved in the case is a relative of Soni, raising concerns about possible connections that warrant closer scrutiny. Senior advocate Siddhartha Dave, appearing for Soni, argued that his client had only prescribed the medicine and was not involved in its manufacture or production. The bench emphasized the gravity of the allegations, especially given Soni’s professional qualifications, and warned that unless the prosecution can prove that Soni lacked the requisite knowledge, the case could attract life imprisonment. The court allowed Soni to renew his bail plea after one year.

Soni, who was posted at the Civil Hospital in Parasia in Chhindwara district, faces charges under the Bharatiya Nyaya Sanhita, including Section 105 (culpable homicide not amounting to murder), and under the Drugs and Cosmetics Act, 1940. The first child death linked to Coldrif was reported in Chhindwara on 4 September 2025, and the syrup was allegedly continued to be prescribed as more cases emerged. Investigations found diethylene glycol (DEG), a toxic industrial solvent, in the syrup at concentrations up to 46.28% weight‑by‑volume, far above the permissible limit of 0.1%. DEG can cause acute kidney injury and fatal kidney failure, particularly in children.

According to the prosecution, children aged two to four were prescribed the syrup by Soni, after which they developed acute kidney injuries and were referred to a medical college hospital in Nagpur, where several died. The prosecution also alleges that Soni’s wife, Jyoti Soni, who worked at Apna Medical Store—a pharmacy owned by her husband and located adjacent to his clinic—sold the syrup without prescriptions. It is alleged that Soni received a 10% commission on each bottle prescribed, while the pharmacy earned a profit of ₹23 per bottle, suggesting an arrangement between the couple to prescribe and sell the medicine.

The state also alleges that Soni continued prescribing the syrup despite a 18 December 2023 circular issued by the Central Drugs Standard Control Organization prohibiting fixed‑dose combination cough syrups for children below four years of age. The prosecution further claims that he had been cautioned by a senior paediatrician in Nagpur about a similar tragedy involving DEG‑contaminated cough syrup in Delhi in 1998.

Soni’s defence maintains that he was neither the manufacturer nor involved in the production of the syrup, which was manufactured by Sresan Pharmaceuticals Ltd under a valid licence. The counsel also argued that the medicine had not been banned when it was prescribed and relied on the Supreme Court’s 2005 judgment in Jacob Mathew v State of Punjab, which laid down safeguards against criminal prosecution of medical practitioners without appropriate expert opinion.

The Madhya Pradesh High Court rejected Soni’s second bail application on 30 June 2026, holding that there was no change in circumstances since his first bail plea was dismissed on 17 February, except for the additional period spent in custody. The high court declined relief despite his contention that the trial would take considerable time.

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