Court Finds No Evidence of Substandard Supply; Imposes Strict Bail Conditions
In a significant ruling, the Madhya Pradesh High Court, under the bench of Justice Ajay Kumar Nirankari, has granted bail to Shailesh C. Pandiya, a supplier implicated in a case concerning the supply of diethylene glycol. The case, registered under Crime No. 296/2025 at Police Station Parasiya, District Chindwara, involved accusations under various sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Drug & Cosmetic Act.
The applicant, Shailesh C. Pandiya, was accused of supplying diethylene glycol, a chemical used in food, pharmaceutical, and industrial applications. However, the court observed that Pandiya was not the manufacturer of the chemical, which was sourced from Siddhi Traders and manufactured by Jain Industrial Chemical. The court noted the lack of evidence proving that the supplied article was substandard, which played a crucial role in the decision to grant bail.
Pandiya, who has been in custody since November 20, 2025, argued for his innocence, claiming his role was limited to the supply of the food-grade version of the chemical and not the pharmaceutical grade, which was under scrutiny. The government advocate opposed the bail application, but the court, after reviewing the case diary, found the applicant's claims credible.
The High Court, while granting bail, imposed several conditions to ensure compliance with legal protocols. Pandiya is required to furnish a personal bond of Rs.1,00,000 along with a solvent surety of the same amount. Additionally, he must not engage in any similar offences during the trial period and is required to mark his presence at the concerned police station in the first week of every month.
The order specifies that any violation of these conditions could lead to the cancellation of the bail. The court also directed compliance with Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The ruling underscores the judiciary's balanced approach in handling cases involving complex supply chains of chemicals, distinguishing between suppliers and manufacturers, and ensuring that justice is served without undue detention of potentially innocent parties.
Bottom Line:
Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under the Bharatiya Nagarik Suraksha Sanhita and Drug & Cosmetic Act allowed on the ground that the applicant was neither the manufacturer of the chemical in question nor was it established that the supplied article was substandard.
Statutory provision(s): Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 105, 276, 238(B), 336(3), 3(5) of BNS, Section 27(A) of Drug & Cosmetic Act.
