Cough syrup deaths: SC pulls up pharma firm for tarnishing image of country

“Do you realise what dent it has caused to the country’s image,” the Supreme Court on Thursday asked a pharmaceutical firm whose cough syrups allegedly resulted in the death of more than 18 children in Uzbekistan.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi refused to quash an order which summoned the firm and some of its officials on a complaint alleging various violations, including the manufacture and sale of drugs declared “not of standard quality”.

“Only for the sake of money, you indulge into this? The nation’s image is dented due to this,” the bench said.

The counsel for the firm and its officials said there was nothing on record to show that consumption of the syrup has caused any death.

“Do you realise what dent it has caused to the country’s image?” the bench asked.

The top court refused to interfere with the Allahabad High Court verdict that had dismissed the pleas filed by the firm and some of its officials, who had challenged a January 2024 summoning order passed by the chief judicial magistrate of Gautam Buddha Nagar.

The chief judicial magistrate had passed the order in a complaint case filed under the provisions of the Drugs and Cosmetics Act, 1940, in Noida.

The top court was hearing a plea filed against the High Court’s order.

A complaint was filed by the drugs inspector alleging various violations, including the manufacture and sale of drugs declared “not of standard quality” and further invoking sections related to adulterated and spurious drugs, procedural non-compliance, and liability of company officials.

In its order, the High Court noted the case was primarily founded on a test analysis report declaring certain samples “not of standard quality”, resulting in proceedings under relevant penal sections of the Drugs and Cosmetics Act, 1940.

During the arguments in the matter before the High Court, the counsel appearing for the Centre had claimed that syrup manufactured by the firm was found poisonous in Uzbekistan, which resulted in the death of more than 18 children.

While dismissing the pleas challenging the summoning order, the High Court had held there appeared to be no illegality or infirmity in the summoning order passed by the magistrate.