[Cites 11, Cited by 0]
Bombay High Court
The State Of Maharashtra Through Sub ... vs Robin Himanshu S/O Vijaykumar Taneja on 24 March, 2026
2026:BHC-NAG:4723
Order 180326appln73.25
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [APPLN] NO. 73 OF 2025.
The State of Maharashtra
-VERSUS-
Robin @ Himanshu Vijaykumar Taneja.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri N.B. Jawade, A.P.P. for the Applicant/State.
Shri L.G. Agrawal, Advocate for the Non-applicant.
CORAM : M.M. NERLIKAR, J.
DATE : MARCH 24, 2026.
Heard the learned A.P.P. for the applicant/State and Shri
Agrawal, learned Counsel for the Non-applicant.
2. The present application is filed by the applicant / State
for cancellation of bail granted to the non-applicant Robin in Crime
No.57/2024 registered with Kalmeshwar Police Station, Nagpur for
the offence punishable under Sections 420, 467, 468, 471, 274,
275, 276, 120-B and 34 of the Indian Penal Code vide order dated
29.05.2025 by the District Judge and Additional Sessions Judge-7,
Nagpur in Criminal Bail Application No.811/2025.
Rgd.
Order 180326appln73.25
2
3. The facts of the case are that, the accused Vijay
Choudhary had purchased drugs i.e. Ciprofloxain Tablets 500 mg
Recip-500 Tablets and supplied the same to accused Mihir Trivedi.
Said Mihir supplied the said drugs to Hemant Muley, who was the
successful bidder in the tender floated by the State Government.
This Hemant Muley supplied the said drugs to the Civil Surgeon,
General Hospital, Nagpur which were distributed to the various
rural hospitals. The complainant - drug inspector had taken samples
of the drugs and forwarded the same for analysis at Bombay, which
report stated that the samples do not give identification test for the
presence of Ciprofloxacin Hydrochloride, and thus, the same is
spurious under Section 17-B of the Drugs and Cosmetics Act. On
the basis of this material, the aforesaid crime came to be registered.
4. At the outset though the applicant State have invoked
the provisions contained in Section 483[2] of the Bharatiya Nagrik
Surakhs Sanhita (BNSS), seeking cancellation of regular bail granted
to the non-applicant, however, their application basically challenges
the order dated 29.05.2025. Even a prayer is made to that effect for
quashing and setting aside the same.
5. The learned A.P.P. submits that all the accused persons
in the aforesaid crime have hatched a conspiracy. A tender was
floated by the Government of Maharashtra for procurement of 422
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Order 180326appln73.25
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medicines on 12.11.2021. The successful bidder in the said tender
process was one M/s. Jaya Enterprises of which accused no.1
Hemant Muley is the proprietor. It is submitted that so far as the
present non-applicant is concerned, allegations against him are that
he has acted as a middle man between Vijay Choudhary and Amit
Dhiman. Since Hemant Muley got the tender, he has contacted
Mihir Trivedi; in turn Mihir Trivedi contacted Vijay Choudhary,
and Vijay Choudhary contacted the present non-applicant Robin in
order to procure the medicines. Robin - non-applicant has
procured medicines from Amit Dhiman. According to the
prosecution, this is a racket, and they are dealing in the spurious
drugs, right from manufacturing till the supply of spurious
medicines to the Government at various places i.e. Government
Hospitals and Dispensaries.
6. The learned A.P.P. submits that so far as the present
non-applicant is concerned, he has procured medicines from Amit
Dhiman, who is the manufacturer of Animal Feed Supplementary.
This Amit Dhiman is not having any valid licence to manufacture
the medicines for human consumption. It is submitted that the non-
applicant is the main link between Amit Dhiman and Vijay
Choudhary. The non-applicant was having knowledge about
manufacturing of the spurious drugs and, therefore, at low cost he
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Order 180326appln73.25
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has placed the orders with Amit Dhiman, and spurious drugs were
procured for supply to Vijay Choudhary, who in turn has supplied it
to Mihir Trivedi and Mihir Trivedi has supplied the same to the
successful bidder i.e. Hemant Muley. This Hemant Muley, whose
tender was accepted, had supplied the said medicines to the
Government Hospital at Nagpur, and from there the same were
distributed to various Rural Hospitals within its vicinity. It is thus
contended that the non-applicant has played a vital role in the entire
episode. It is submitted that there are bank transactions between the
non-applicant and Vijay Choudhary. It is also submitted that fake
bills of Iscon Life Science were seized from the house of the non-
applicant. Even spurious drugs were supplied at Nanded and Thane
from the establishment of the non-applicant. It is also submitted
that this bill itself is the link between the non-applicant and the
manufacturer Amit Dhiman.
7. The learned A.P.P. further submits that there are
transactions between Vijay Choudhary, Shailendra Choudhary and
family members of the present non-applicant Robin, to the tune of
Rs.2.85 Crores. It is submitted that so far as the transaction between
Vijay Choudhary and Non-applicant is concerned, it is of Rs.1.08
Crores. The transaction between Vijay Choudhary and Priya (wife
of present non-applicant) is to the tune of Rs.82,17,102/-. So far as
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Order 180326appln73.25
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the other transaction is concerned, i.e. between Vijay Choudhary and
Poonam (mother of non-applicant), the same is of Rs.94.61 lakhs, it
is therefore, submitted that total Rs.2.85 Crores was transferred to
three accounts, either to the non-applicant, to his wife Priya or his
mother Poonam. He submits that the non-applicant has not
tendered any explanation that when Vijay Choudhary was having
transaction of Rs.2.85 Crores for procurement of medicines, why
there is no further transaction between the non-applicant and Amit
Dhiman, who was allegedly the drug manufacturer, therefore, the
learned A.P.P. submits that the non-applicant was having every
knowledge that Amit Dhiman is not having any licence to
manufacture the drugs used for human consumption, and he is
manufacturing spurious drugs, as there are no bank transactions
between Amit Dhiman and present non-applicant. Therefore,
according to the learned A.P.P., the non-applicant is the main
accused person, who has placed the order with Amit Dhiman to
manufacture those drugs, which are mentioned in the tender
document, and therefore, there are serious allegations against him.
The learned A.P.P. submits that total 10 crimes are registered against
the non-applicant in the State of Maharashtra, as well as in the State
of Uttarakhand, and considering the seriousness of the crime, the
Court below ought not to have granted bail to the non-applicant.
Rgd.
Order 180326appln73.25
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He therefore, prays that the order granting bail be quashed and set
aside by allowing this application
8. On the other hand, the learned Counsel representing the
non-applicant - Robin, vehemently opposed the submissions
canvassed by the learned A.P.P. by submitting that there are total 10
crimes registered against the non-applicant out of which 9 are
registered in the State of Maharashtra and 1 crime is registered in the
State of Uttarakhand. It is submitted that out of this 9 crimes
registered in the State of Maharashtra, the non-applicant has been
released on bail in 7 crimes either by the Judicial Magistrate or by
the Sessions Court. He further submits that there is no material on
record to connect the non-applicant with the alleged crime, except
for the confessional statement of the co-accused Amit Dhiman. It is
submitted that Robin was not having any knowledge that Amit
Dhiman is manufacturing spurious drugs.
9. The learned Counsel for the non-applicant further
submits that so far as the transactions between the family members
of non-applicant and Vijay and Shailendra Choudhary and others are
concerned, those are related with some other transactions relating to
purchase of property, and those transactions have nothing to do with
the present crime. He further submits that Amit Dhiman, who is
the manufacturer of the drugs, had asked him to pay the amount in
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Order 180326appln73.25
7
cash and accordingly he has paid the amount in cash. He further
submits that only there are transactions between Vijay Choudhary
and non-applicant, so far as purchase of drugs is concerned to the
tune of Rs.30.95 lakhs and Rs. 68.68 lakhs. According to the
learned Counsel, that amount has already been paid to Amit Dhiman
in cash, and accordingly drugs are purchased from him. As soon as
the order was received from Vijay Choudhary, the non-applicant has
placed the same with Amit Dhiman and accordingly on payment of
cash amount, Amit Dhiman has supplied the said drugs. It is
therefore, submitted that the non-applicant has nothing to do with
the spurious drugs. The learned Counsel therefore, submits that
considering the nature of material collected by the investigating
agency, the Court below has rightly passed an order and granted bail
to him. He submits that no interference is required with the well
reasoned order. It is his further submission that the non-applicant
was arrested on 15.07.2024, and though he was released by the
order under challenge passed on 29.05.2025, he is still in jail in
relation to other crimes, and thus, there is no merit in the application
filed by the State and the same deserves to be rejected.
10. Spurious drugs are hidden danger that threaten not only
the health of people today, but, also the safety and future of
generations to come. These fake drugs are usually of poor quality
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Order 180326appln73.25
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and may contain harmful, inactive or incorrect ingredients. As a
result of which they can cause serious health problems such as
poisoning, organ damage or failure of treatment. Over the time,
their effect can be more damaging, leading to genetic harm,
reproductive issues and weakened immunity that may be passed to
future generations. The circulation of such drugs also weaken
public trust in healthcare systems, discouraging people from seeking
proper treatment and creating cycle of poor health. Economically,
families and nation suffers from repeated progress. Tragic incidents,
such as deaths of children from contaminated cough syrups, show
the urgent need for strong safety measures against spurious drugs.
Protecting society from these counterfeit medicines is essential to
ensure the health and prosperity of both present and future
generations.
11. I have considered the rival submissions canvassed by the
learned Counsel for the parties, and gone through the record with
their assistance. I have also perused the order dated 29.05.2025
passed by the District Judge and Additional Sessions Judge-7,
Nagpur. Admittedly it appears that the first information report
bearing Crime No.57/2024 was registered against the non-applicant
Robin and other accused persons. It further appears that after filing
of the charge sheet, a private complaint was also filed by the Drugs
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Order 180326appln73.25
9
Inspector and accordingly the provisions of Drugs and Cosmetics
Act have been invoked. Both i.e. the charge sheet and private
complaint came to be tagged together.
12. It would be useful to refer the observations of this Court
in case of Rajesh Thomas Menges .vrs. State of Maharashtra and
another - 2024 SCC Online Bom.355, wherein it is observed that
the Courts have recognized the distinction between two situations,
namely - cancellation of bail on the grounds which are in the nature
of supervening circumstances, which owe their provenance to the
acts, events or conducts, post passing of the order of bail, particularly
that of the accused, and the cancellation of bail on the merits of the
matter, in the sense that the order of bail is vulnerable for either
being perverse or otherwise legally unsustainable.
In the present case, there is a challenge to the validity of
the order granting bail. Therefore, it is important to take into
account the yardstick for testing the correctness of an order granting
bail as laid down by the Apex Court in the case of Meena Devi .vrs.
State of U.P. - (2022) 14 SC 368, which is whether the Court below
has exercised its discretion in an improper or arbitrary manner,
thereby vitiating the said order.
13. What is important in the present matter, is whether
Robin was having knowledge about the fact that Amit Dhiman, is
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Order 180326appln73.25
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manufacturing spurious drugs or not. After going through the
relevant records, it appears that the order of this spurious drugs was
placed by Vijay Choudhary with Robin, accordingly the drugs are
procured from Amit Dhiman by Robin and the same were supplied.
It further appears that there are many transactions between Vijay
Choudhary and the non-applicant Robin.
14. It appears from the record that in the month of
November, 2021, demand was made of drugs. There are several
transactions between the accused persons. So far as for deciding the
present application is concerned, it would be appropriate to consider
the transactions between Vijay Choudhary and the present non-
applicant. From the chart of transactions supplied by the learned
A.P.P. [all these transactions are part and parcel of the charge sheet],
it appears that since 11.11.2022, there are several transfers either
from the account of Vijay Choudhary or Shailendra Choudhary in
the accounts of the non-applicant, as well as his wife- Priya and
mother Poonam. It could be gathered from all these transactions
that all are made through bank accounts. It appears that Rs.1.08
Crores was deposited in the account of the present non-applicant,
either from the bank account of Vijay Choudhary or Shailendra
Choudhary. Similarly, Rs.82,17,102/- was deposited from the
account of Vijay Choudhary or Shailendra Choudhary into the
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Order 180326appln73.25
11
account of Priya, who is wife of the non-applicant. Further Rs.96.61
lakhs was also deposited in the account of Poonam who is mother of
the non-applicant from the accounts of Vijay Choudhary or
Shailendra Choudhary. Therefore, total amount which was
deposited was approximately Rs.2.85 Crores. If this much amount
was deposited by Vijay Choudhary or Shailendra Choudhary in the
respective accounts of non-applicant or his family members, in that
case, if it is presumed that the non-applicant was not having
knowledge, then the non-applicant would have done similar type of
transactions with Amit Dhiman with whom he has placed the order,
for procurement of drugs. However, absolutely and surprisingly
there is no such bank transactions between Amit Dhiman and the
present non-applicant. An explanation was tried to be submitted by
the learned Counsel for the non-applicant, that a condition was put
by Amit Dhiman that he will accept the amount in cash only and not
through bank transactions/online transactions. This explanation is
undigestable and unacceptable. Therefore, admittedly the non-
applicant has failed to explain such a huge transaction. Therefore,
the only conclusion which could be drawn from all this chronology
is that the non-applicant was having every knowledge that Amit
Dhiman does not have licence and further he is manufacturing
spurious drugs, and accordingly in order to gain more profit, Robin
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Order 180326appln73.25
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placed order of spurious drugs with him, those spurious drugs were
supplied by Amit Dhiman to present non-applicant Robin, who in
turn supplied those to Vijay Choudhary. Vijay Choudhary has
supplied those drugs to Mihir Trivedi and Mihir Trivedi supplied it
to Hemant Muley, which spurious drugs ultimately came to be
supplied to the government hospitals. It is to be further noted that
all these transactions between Vijay Choudhary and present non-
applicant, is after allotment of tender. Therefore, the only
conclusion which could be drawn is that the non-applicant is
involved in a serious crime. The learned trial Court ought to have
considered this vital aspect of the matter while granting bail to the
non-applicant.
15. It is informed that the non-applicant in another crime
has approached the Principal Seat of this Court for grant of bail in
another similarly registered crime within the jurisdiction of the
principal seat. However, the said application was withdrawn by the
present non-applicant. It was submitted by the learned A.P.P. that
the Principal seat of this High Court was not inclined to grant bail,
and therefore, the said application came to be withdrawn by the non-
applicant.
16. Be that as it may, in the present case, while granting bail
to the non-applicant, it was expected from the trial Court to at least
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Order 180326appln73.25
13
record prima facie observations on the monetary transactions
between Vijay Choudhary and the present non-applicant, however,
bail was granted on the notion that the non-applicant is not the
manufacturer of the seized spurious drugs. It was also observed that
the alleged offence is of complicated nature, it will take considerable
time to decide the same on merits, and as applicant is in jail since 9
months, the application came to be allowed. No doubt the non-
applicant is in jail in the present crime, as well as in relation to the
crimes which are registered throughout the State of Maharashtra. It
appears from the record that as many as 10 crimes are registered
against the non-applicant out of which 9 crimes are registered against
the non-applicant in the State of Maharashtra and one crime is
registered in the State of Uttarakhand. This is a racket, who has
hatched conspiracy which can be gathered from the entire
investigation papers. Therefore, considering the seriousness of the
crime and the fact that there are transactions to the tune of crores of
rupees between Vijay Choudhary and present non-applicant, and in
turn there are no transactions between the non-applicant and Amit
Dhiman, who is the manufacturer of the drugs, discloses that the
non-applicant has not only actively participated in the alleged
offence, but, also had every knowledge of the fact that Amit
Dhiman is manufacturing spurious drugs and accordingly the
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Order 180326appln73.25
14
present non-applicant has placed the order with Amit Dhiman and
procured those spurious drugs and in turn they were supplied to the
government medical hospital, through the chain referred above.
17. Further it is also to be noted that on the boxes of those
medicines, name of the medicine has been written and contents
thereof are also mentioned. All these factors goes to show that these
labels are forged labels, prepared with an intention to show that
whatever medicines which are supplied, those are genuine and not
spurious one, therefore, this is nothing but, forgery within the
meaning of Section 467 of the Indian Penal Code to which the
punishment provided is of 'life imprisonment' or which may be
extended upto 10 years. Therefore, considering the above material, I
am inclined to allow the application filed by the State and quash the
impugned order as according to me the discretion exercised by the
learned Judge is improper, thereby vitiating the said order. Hence
the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The order granting bail to the non-applicant Robin
dated 29.05.2025 passed by the District Judge and
Additional Sessions Judge-7, Nagpur in Criminal Bail
Application No.811/2025 is hereby quashed and set
aside.
Rgd.
Order 180326appln73.25
(iii) The non-applicant Robin @ Himanshu Vijaykumar
Taneja be taken into custody in connection with Crime
No.57/2024 registered with Kalmeshwar Police Station,
Nagpur for the offence punishable under Sections 420,
467, 468, 471, 274, 275, 276, 120-B and 34 of the
Indian Penal Code.
(iv) Misc. Applications, if any, also stands disposed of.
JUDGE
Signed by: R.G. Dhuriya (RGD)
Designation:Rgd.
PS To Honourable Judge
Date: 25/03/2026 10:16:30
