Court cites public safety concerns and non-compliance with government circular banning specific drug prescriptions for children under four.
In a significant ruling, the Madhya Pradesh High Court, led by Justice Pramod Kumar Agrawal, has denied bail to Dr. S. S. Thakur, a seasoned pediatrician accused of prescribing a banned cough syrup containing the toxic substance Diethylene Glycol (DEG) to children under the age of four, resulting in multiple fatalities. The decision emphasizes the paramount importance of public safety and adherence to regulatory directives.
The case revolves around the prescription of "Coldriff" cough syrup, which was found to contain DEG at levels far exceeding the permissible limit, leading to acute kidney failure in young patients. Despite a government circular issued on December 18, 2023, explicitly prohibiting the prescription of certain fixed dose compounds to young children, Dr. Thakur allegedly continued to prescribe the syrup, resulting in severe public health consequences.
During the proceedings, Dr. Thakur's legal defense argued his innocence, citing a lack of knowledge about the syrup's contamination and highlighting his long-standing service in the medical community. They contended that the combination of medicines in the syrup was not explicitly banned and that the responsibility for the adulteration lay elsewhere. The defense also referenced previous Supreme Court rulings to support their plea for bail.
However, the prosecution, representing the state, presented compelling evidence from government laboratory reports confirming the presence of DEG in the syrup. They argued that Dr. Thakur, despite being informed about potential kidney issues in the region, negligently continued to prescribe the syrup. The prosecution underscored the severity of the situation, with multiple child fatalities linked to the syrup, and stressed the need for accountability and public safety.
The court, in its judgment, highlighted the gravity of the allegations and the need to uphold public trust in the healthcare system. It noted that the facts of the case differed significantly from those in the cited Supreme Court precedents, particularly due to the existence of a regulatory ban and the public health crisis that ensued.
In conclusion, the High Court's decision to refuse bail underscores the judiciary's stance on ensuring compliance with health regulations and protecting public welfare, especially in cases involving vulnerable populations like children. The court's ruling serves as a stern reminder of the responsibilities borne by medical practitioners and the legal consequences of failing to adhere to established health guidelines.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 rejected for a doctor accused of prescribing banned cough syrup containing Diethylene Glycol to children below 4 years, resulting in multiple deaths and public health harm.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Drugs and Cosmetics Act, 1940 Section 27(a)
