Supreme Court To Hear Karnataka's Plea Challenging Sale of Erectile Dysfunction Drugs on Snapdeal
Supreme Court has issued notice on an SLP moved by Karnataka government against sale of SUHAGRA-25mg tablets through the web portal snapdeal.
The Supreme Court on Wednesday issued notice in an SLP moved by State of Karnataka against the quashing of criminal proceedings against the e-commerce platform and its directors over the alleged online sale of a prescription drug without a valid license or doctor's prescription.
A special bench comprising Justices Ahsanuddin Amanullah and R Mahadevan issued the notice on July 15 while hearing the State's special leave petition against a Karnataka High Court order that had quashed the criminal case against Snapdeal, its co-founders Kunal Bahl and Rohit Kumar Bansal.
Criminal proceedings were initiated against Snapdeal in 2021 after it was found that a drug by name SUHAGRA 100 tablets were displayed for sale on the online site and was being sold to various customers. Said proceedings were initiated for the offences under Section 18(c) which is punishable under Section 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940
Suhagra is a Schedule H prescription medicine used to treat erectile dysfunction in men and can only be sold on the prescription of a registered medical practitioner.
The proceedings came to be challenged before the Karnataka High Court, which quashed the criminal case. High Court had held that the magistrate's order did not adequately demonstrate application of mind while taking cognisance of the complaint.
High Court's bench of Justice M Nagaprasanna had further held that Snapdeal, as an intermediary operating an online marketplace, was entitled to safe harbour protection under Section 79 of the Information Technology Act, 2000. It had further said an e-commerce platform could not be held criminally liable for the actions or omissions of an independent third-party seller using its marketplace.
Challenging the High Court's decision, the Karnataka government has argued before the Supreme Court that Section 79 of the Information Technology Act should not shield online intermediaries from prosecution under other laws designed to protect public health.
Case Title: STATE OF KARNATAKA VERSUS KUNAL BAHL & ANR.
Bench: Justice Amanullah and Mahadevan
Hearing Date: July 15, 2026