MP High Court Denies Bail To Doctor In Coldriff Syrup Case Linked To 26 Child Deaths

The Madhya Pradesh High Court has dismissed the first bail application filed by Dr. Praveen Soni, a child specialist posted at Community Health Center, Parasiya, in connection with the alleged administration of DEG-contaminated Coldriff cough syrup that reportedly caused the deaths of more than 26 minor children in Chhindwara district.

The order was passed by Justice Pramod Kumar Agrawal in MCRC No. 47318 of 2025, arising out of Crime No. 296/2025 registered at Police Station Parasiya under Sections 105 and 276 of the Bharatiya Nyaya Sanhita, 2023, along with Section 27(A) of the Drugs and Cosmetics Act, 1940. The applicant has been in custody since October 5, 2025.

According to the prosecution, the case was registered on a complaint lodged by the Block Medical Officer, Dr. Ankit Sehlam, who alleged that Dr. Soni prescribed Coldriff syrup to children aged between two and four years, following which several developed acute kidney injury and were referred to a medical college hospital in Nagpur, where multiple deaths occurred.

Appearing for the applicant, Senior Advocate Shashank Shekhar, assisted by Advocate Bhoopesh Tiwari, contended that Dr. Soni was neither the manufacturer nor involved in the production of the cough syrup, which was manufactured by Sresan Pharmaceuticals Ltd. It was argued that the drug had been manufactured under a valid licence and was not banned at the time it was prescribed. The defence relied upon the Supreme Court’s judgment in Jacob Mathew v. State of Punjab (2005) 6 SCC 1, submitting that no criminal prosecution should be initiated against a medical practitioner without prior expert opinion and inquiry.

However, the State, represented by Additional Advocate General Harpreet Singh Ruprah along with Government Advocate C.M. Tiwari and Advocate Aakash Malpani, opposed the bail plea, placing reliance on laboratory reports which allegedly revealed that the syrup contained Diethylene Glycol (DEG) at 46.28% W/V, far exceeding the permissible pharmacopoeial limit of 0.1% W/V. DEG is a known nephrotoxin, particularly fatal in children, and the reported cause of death was acute kidney failure.

The prosecution further pointed to a circular dated December 18, 2023 issued by the Central Drugs Standard Control Organization banning fixed dose compound cough syrups for children below four years of age. It was alleged that despite this prohibition and despite being cautioned by a senior paediatrician in Nagpur about a similar 1998 Delhi tragedy involving DEG-contaminated syrup, Dr. Soni continued prescribing Coldriff.

Significantly, the State alleged that the doctor’s wife, Jyoti Soni, proprietor of M/s Apna Medical Store located adjacent to his clinic, was a co-accused, and that the applicant received commission on each bottle sold. Allegations of destruction of evidence and collusion with co-accused were also placed before the court.

Counsel for the objector, K.K. Pandey and Aditya Parashar, argued that the case involved gross disregard for public safety and that the offences should have been registered under Section 103 of the BNS relating to culpable homicide. They submitted that grant of bail in such a grave matter would erode public confidence in the justice system.

Rejecting the plea, the court observed that the facts were “entirely different” from Jacob Mathew’s case, noting that the complaint had been lodged by a competent authority and that the applicant continued to prescribe the drug despite specific warnings. The court recorded that “more than 26 innocent children below the age of 4-5 years have been died” and that the alleged cough syrup caused harm on a large scale to public health.

Holding that it was “not a fit case to grant bail,” the court dismissed the application while clarifying that its observations were limited to the bail stage and would not influence the trial.

Case Title: Dr. Praveen Soni v. The State of Madhya Pradesh

Date of Order: February 17, 2026

Bench: Justice Pramod Kumar Agrawal