PIL Seeks Time-Bound Probe in Fake Drug Cases
A PIL in the Supreme Court seeks a national framework to tackle fake drug rackets with time-bound investigations and trials.
A Public Interest Litigation (PIL) has been moved in the Supreme Court of India, demanding a unified national framework to combat the dangerous manufacture and sale of counterfeit and adulterated medicines. The petition argues that current systemic loopholes allow organized drug rackets to operate without sufficient accountability, posing a massive threat to public safety.
Demanding Rapid Justice and Strict Accountability
Filed by advocate Ashwini Upadhyay, the petition calls for urgent judicial intervention to streamline the legal process against pharmaceutical criminals. The plea seeks specific directions for both the Central and State governments to ensure that investigations into fake drug cases are completed within a strict three-month window, with trials concluded within one year.
To prevent tampering and ensure transparency, the petitioner has proposed several mandatory procedural changes, including:
- Time-bound forensic examination of all seized medicinal samples.
- Mandatory videography of all search and seizure operations conducted by authorities.
- Standard Operating Procedures (SOPs) for the investigation and prosecution of these crimes.
- A national digital monitoring system to track every case from the initial registration of the offence to its final legal disposal.
Targeting the Financial Backbone of Rackets
The litigation goes beyond mere criminal prosecution, aiming to strike at the economic heart of these syndicates. The petitioner has requested the assessment and confiscation of properties belonging to manufacturers, sellers, and financiers of fake drugs. This would be executed under existing stringent laws, including:
- The Prevention of Money Laundering Act
- The Benami Property Act
- The Black Money Act
Furthermore, the plea suggests that the Law Commission should be tasked with preparing a comprehensive report to recommend legislative changes aimed at preventing the circulation of counterfeit medicines across the country.
A Growing Public Health Crisis
The petition highlights that the issue of spurious medicines is not a series of isolated incidents but a systemic crisis. It cites alarming recent reports where fake cancer medications were allegedly supplied to more than 90 hospitals in Bengaluru. This follows previous tragic instances involving deaths linked to contaminated cough syrups and various seizures of spurious medicines across the nation.
The petitioner contends that the Drugs and Cosmetics Act, 1940 is currently inadequate, as it lacks a comprehensive framework to address time-bound investigations, forensic testing, witness protection, and the prosecution of highly organized syndicates.
Constitutional Implications and State Obligations
The legal challenge raises significant constitutional questions, arguing that the circulation of fake drugs violates the fundamental Right to Health and Life under Article 21. It also challenges the current state of affairs as arbitrary under Article 14 and emphasizes the State's duty to improve public health under Article 47.
The petition advocates for a coordinated response involving multiple agencies, including the State Police, CBI, Enforcement Directorate, Customs, and various forensic laboratories, to ensure that organized syndicates are dismantled effectively. The Supreme Court is yet to hear the matter.