On November 29, the Supreme Court agreed to consider the lack of procedural guidelines for initiating criminal proceedings against individuals involved in manufacturing, storing, and selling counterfeit drugs. A bench of Justices JB Pardiwala and R Mahadevan issued notice on the plea filed by the Indian Pharmaceutical Alliance (IPA).
The IPA contended that counterfeit drugs pose serious threats to public health and infringe on constitutional rights under Articles 21 and 19(1)(g). Despite incidents such as the September 2024 raid in Kolkata, which uncovered large-scale packaging and distribution of spurious drugs like Montek LC and Telma AM, no criminal actions were pursued against those involved. This inactivity, they argued, highlights lapses by agencies such as the CDSCO, FDA, and local police.
The petition seeks directives for the Union to draft guidelines for investigating and prosecuting offenses under the Drugs and Cosmetics Act, IPC, and related laws. It also calls for improved infrastructure and training for drug inspectors to facilitate arrests in such cases. The Court is set to hear the matter in January 2025.
Case Details:
Title: Indian Pharmaceutical Alliance v. Union of India
W.P.(C) No.: 000746/2024
Lawcutor 