Srisun Pharma v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Srisun Pharma Rep. By its Partner Prabhakaran, No.110, 1st Floor, Chetty Street, Puducherry – 605 001. ..Petitioner in Crl.O.P.No.15494 of 2026 Parm House Rep. By its Partner Gnanapriya, W/o. Raja @ Valliappan, No.110, Chetty Street, Puducherry – 605 001. ..Petitioner in Crl.O.P.No.15496 of 2026 Vs The State, (Formally by the Inspector of Police, CBCID Police Station, Puducherry, now transferred to) CBI, Rep. By the Public Prosecutor, CBI Police, Puducherry, RC2182026A0003 of CBI, AC-III, New Delhi. ..Respondent in both Crl.O.Ps. COMMON PRAYER: Criminal Original Petitions are filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 15.05.2026 passed in Cr.M.P.Nos.642 of 2026 & 640 of 2026, respectively, by the learned Chief Judicial Magistrate, Puducherry and to consequently direct the respondents to direct the banks to defreeze the bank accounts of the petitioner. In both Crl.O.Ps. For Petitioner : Mr.K.Sharath Chandran For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI) COMMON ORDER These Criminal Original Petitions has been challenging the common order dated 15.05.2026 passed by the learned Chief Judicial Magistrate, Puducherry in Cr.M.P.Nos.642 of 2026 & 640 of 2026, respectively, thereby dismissing the petitions seeking defreeze of the current bank account No.0182073000002611 of the South Indian Bank, Puducherry, current bank account No.8542210000015589 of the DBS Bank, Puducherry, current bank account No.05640200028675 of the Bank of Baroda, Puducherry abd current bank account No.6910087258 of the India Bank, Puducherry.

¶2Pursuant to the registration of FIR in Crime No.27 of 2025 for the offences punishable under Sections 275, 318(4), 61 of BNS, 2023 and Section 27(d) r/w.17B(b) of the Drugs and Cosmetics Act, 1940, the respondent proceeded with investigation. While in the process of investigation, the respondent directed the petitioners' bank viz., the South Indian Bank, Puducherry, the DBS Bank, Puducherry, the Bank of Baroda, Puducherry, the India Bank, Puducherry, to freeze their current accounts, pursuant to the registration of FIR in Crime No.27 of 2025. As instructed by the respondent, the petitioners' banks had frozen the petitioners' account. According to the petitioners, those accounts are not connected or related to the registration of FIR in Crime No.27 of 2025. Therefore, the petitioners are not able to disburse the salary to their employees. Therefore, the petitioners filed the petitions to defreeze their bank accounts and the same was dismissed by the trial Court by the impugned order dated 15.05.2026. Hence, the present Writ Petitions.

¶3Heard the learned counsel appearing on either side and perused the materials placed before this Court.

¶4On perusal of the records, it is revealed that the FIR has been registered alleging that the accused persons had manufactured counterfeit medicines and distributed the same throughout India in the name and style of Sun Pharma. According to the petitioners, the counterfeit tablets were alleged to have been manufactured and supplied by Amman Pharma, New Baba Pharma, Parvati Traders, Arjun Pharma and Hai Maa Medico. However, the petitioners are in no way related to the accused persons and the petitioners are not the manufacturer of counterfeit tablets. The petitioners are only stockers and during the investigation, the petitioners were called for to produce certain documents relating to purchase bills, invoices, sales bills and other transaction details and the petitioners submitted all the relating documents.

¶5That apart, the petitioners' premises were also sealed in exercise of its power under Section 23(d) of the Drugs and Cosmetics Act by the Drugs Department. Aggrieved by the same, the petitioners filed revision petition before this Court in Crl.R.C.Nos.2787 & 2715 of 2025 and it was stated by this Court. Thereafter, by an order dated 05.02.2026, this Court set aside the order of sealing of the petitioners' premesises and directed to de-seal the premises of the petitioners.

¶6Further the petitioners' license was also cancelled and the same was also challenged before this Court in W.P.Nos.1905 & 1908 of 2026 and this Court by an order dated 21.01.2026 stayed the order of cancelling the license of the petitioners. Thereafter, the Drugs Department withdrew the cancellation of license orders since the license was cancelled without issuance of any show cause notice. Subsequently they issued show cause notices dated 07.05.2026 and the same were also challenged before this Court in W.P.Nos.20785 & 20768 of 2026 and a stay was granted by an order dated 29.05.2026. Therefore, freezing of the petitioners' account does not arise pursuant to the registration of the FIR.

¶7Further, the Trial Court dismissed the petitions on the ground that already the FIR is under challenge before this Court in Crl.O.P.No.35020 of 2025 and this Court had stayed all further proceedings. Challenging of FIR has nothing to do with the defreezing of accounts of the petitioners. That apart, the petitioners' accounts are in no way connected to the crime committed by the accused in Cr.No.27 of 2025. The petitioners are neither the accused nor the complainant so far.

¶8Considering the above facts and circumstances, the common order passed by the Trial Court cannot be sustained and is liable to be dismissed. Accordingly, the impugned common order dated 15.05.2026 passed by the learned Chief Judicial Magistrate, Puducherry, in Cr.M.P.Nos.642 of 2026 & 640 of 2026, is set aside. The all the current accounts of the petitioners are hereby defreezed and the petitioner is permitted to operate their current accounts.

¶9With the above directions, both the Criminal Original Petitions stand allowed.

30.06.2026 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

¶1The Chief Judicial Magistrate, Puducherry.

¶2The State, (Formally by the Inspector of Police, CBCID Police Station, Puducherry, now transferred to) CBI, Rep. By the Public Prosecutor, CBI Police, Puducherry, RC2182026A0003 of CBI, AC-III, New Delhi.

¶3The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J. rts

30.06.2026