Fake Drugs, Adulterated Medicines: PIL In Supreme Court Seeks Directions For Time-Bound Investigation

The petitioner filed by Advocate Ashwini Kumar Upadhyay has sought completion of investigation in fake medicine cases within three months and trial within one year, citing the absence of a standard investigation procedure, time-bound forensic examination and Special Courts for such cases.

The petition contends that despite the Drugs and Cosmetics Act, 1940 being in force, the sale and manufacture of fake medicines, syrups and injections continue to rise.

PIL flags gaps in existing framework

The petition identifies several alleged lacunae in the existing framework, including:

-No Standard Operating Procedure (SOP) for time-bound investigation.

-No time-bound forensic examination of seized medicines.

-No Special Courts for time-bound trial of fake medicine cases.

-No stringent punishment under the Drugs and Cosmetics Act, 1940.

-No assessment or confiscation of properties acquired through proceeds of crime under the Prevention of Money Laundering Act (PMLA), Benami Property Act and Black Money Act.

The petitioner has submitted that these gaps lead to non-enforcement of the existing legal framework.

Reliefs sought

The petition seeks directions to the Centre and States to complete investigation of fake medicine cases within three months and trial within one year. It also seeks time-bound assessment and confiscation of properties belonging to fake medicine manufacturers, sellers, financiers and their family members under the PMLA, Benami Property Act and Black Money Act.

Other reliefs sought include formulation of SOPs for search, seizure and sampling of adulterated and spurious medicines, prescribing a timeline for submission of forensic science laboratory reports, and mandatory digital recording and videography of search, seizure, sampling and inventory proceedings.

The petitioner has further sought framing of a sentencing policy to ensure stringent punishment for fake medicine manufacturers and sellers. The PIL also seeks a direction to the Law Commission to prepare a comprehensive report and a declaration that sentences in fake medicine cases shall run consecutively.

PIL highlights public health concerns

The petitioner has submitted that fake medicines cause Hepatitis B, liver problems, cardiovascular disease, and respiratory and neurological damage. It has further stated that the injury caused to the public is extremely large and extends to physical health, mental health, social fabric and public order.

The petition claims that deaths due to fake medicines, vaccines, injections and syrups are higher than deaths caused by terrorism, naxalism and riots. The petitioner has contended that the issue is not isolated and requires intervention by the Supreme Court.