PIL in SC seeks probe, stringent action against fake drug networks

A PIL has been filed in the Supreme Court seeking a comprehensive national framework to curb the manufacture and sale of counterfeit and adulterated medicines, including vaccines and cough syrups.

The PIL, filed on Tuesday by lawyer Ashwini Upadhyaya, made the Union Ministries of Health and Family Welfare, Law and Justice, and Women and Child Development, all states and union territories (UTs), and the Law Commission as parties. The plea, filed through advocate-on-record Ashwani Kumar Dubey, sought directions to the Centre and states to complete investigations into fake medicine cases within three months and trials within one year.  It also calls for standard operating procedures for search, seizure and sampling, time-bound forensic examination of seized medicines, and mandatory digital recording and videography of investigative proceedings.

“There is no standard investigation procedure, time-bound trial and sentencing policy in cases of adulterated and spurious drinks and drugs. Despite the Drug and Cosmetics Act being in force since 1940, sale and manufacturing of fake medicines, syrup, injection and vaccine continue to rise. There is a vacuum in the existing framework…,” the plea submitted. It also sought a direction to the Centre and states to “mandatorily do the digital recording and videography of search, seizure, sampling and inventory proceedings”.  The plea sought directions to the Centre to frame a graded sentencing policy to ensure stringent, proportionate punishment for fake drug manufacturers and sellers. 

“Direct the Law Commission of India to prepare a report suggesting the necessary changes in existing laws to prevention fake drugs,” it said. The PIL raised concerns over alleged gaps in the enforcement of the Drugs and Cosmetics Act, 1940, saying the absence of uniform investigation procedures, dedicated mechanisms for speedy trials and effective financial investigations has hampered action against organised counterfeit medicine networks.

It referred to reported incidents involving counterfeit and adulterated medicines, including alleged fake cancer drugs supplied to hospitals in Bengaluru, seizures of counterfeit medicines and cough syrup-related deaths.

These incidents are cited by the petitioner as examples of the need for coordinated and time-bound enforcement.

It said the circulation of fake medicines poses a serious threat to public health and implicates citizens' constitutional rights, including the right to life and health under Article 21.