The Supreme Court on Tuesday declined to entertain a PIL raising concerns over the manufacture and sale of fake drugs, including counterfeit cancer and other life-saving medicines. However, the Court directed that a copy of the petition be forwarded to the concerned Union authorities for consideration.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana was hearing a PIL filed by Advocate Ashwini Kumar Upadhyay, seeking measures to curb the circulation of spurious medicines and ensure timely investigation and prosecution in such cases.
The petitioner sought directions for time-bound completion of investigations into fake medicine cases and the creation of a mechanism to address the menace under the legal framework dealing with organised crime.
The plea contended that the circulation of fake medicines posed a serious threat to citizens’ fundamental rights under Articles 14, 19 and 21 of the Constitution, stating that the loss of life and health caused by counterfeit medicines could not be equated with the loss of material property.
Among other reliefs, Upadhyay sought time-bound identification and confiscation of properties allegedly belonging to manufacturers, sellers and financiers of fake drugs and their family members. He also sought formulation of a Standard Operating Procedure for the search, seizure and sampling of adulterated or spurious medicines, as well as prescribed timelines for submission of forensic reports in such cases.
During the hearing, Upadhyay submitted that despite stringent provisions under the Drugs and Cosmetics Act, the manufacture and sale of counterfeit medicines were not specifically covered under the legal framework dealing with organised crime.
Referring to Section 111 of the Bharatiya Nyaya Sanhita (BNS), which deals with organised crime, he argued that there was a legal gap that needed to be addressed.
Seeking to underscore the seriousness of the issue, Upadhyay submitted that while terrorists may kill a maximum of around 1,000 people in a year, fake drug manufacturers cause a far greater number of deaths. Justice Bagchi, however, responded by observing that deaths due to road accidents were also significantly higher.
The Bench ultimately declined to examine the PIL on merits, noting that the petitioner had not approached the concerned authorities with his suggestions before approaching the Court.
Disposing of the petition, the Court directed the Registry to forward a copy of the petition to the respondent authorities for their consideration.
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