PIL in SC seeks uniform national framework to combat fake, adulterated medicines
Parmod Kumar
New Delhi, Sep 16 (UNI) A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking a uniform national framework to curb the manufacture and sale of fake and adulterated medicines, including time-bound investigation and trial of such offences, forensic examination of seized drugs and coordinated action against organised networks allegedly involved in their production, distribution and financing.
The petition has sought completion of investigations in fake drug cases within three months and trials within one year, besides mandatory videography of search and seizure proceedings and a standard operating procedure governing investigation and prosecution across the country. It has also sought a national digital monitoring mechanism to track cases from registration to final disposal and coordination among the State police, CBI, Enforcement Directorate, Customs authorities and forensic laboratories.
The plea further seeks identification and confiscation of properties allegedly linked to manufacturers, sellers and financiers of fake medicines under applicable anti-money laundering, benami property and black money laws. The PIL, filed by advocate Ashwini Upadhyay, contended that the existing legal and enforcement mechanism was inadequate to effectively deal with organised networks engaged in counterfeit and adulterated drugs. It claimed that the Drugs and Cosmetics Act, 1940, did not provide a comprehensive mechanism covering time-bound investigation, forensic examination, financial probes, witness protection and prosecution of organised syndicates.
Referring to reports concerning the alleged supply of fake cancer medicines to more than 90 hospitals in Bengaluru, besides earlier incidents involving cough syrup deaths and seizures of spurious drugs, Upadhyay contended that the problem could not be treated as a series of isolated cases. The petition has also sought a graded sentencing policy for fake drug offences, including consideration of consecutive sentences in appropriate cases, and a direction to the Law Commission to examine changes required to prevent the circulation of counterfeit medicines.
The plea raised constitutional issues concerning the right to life and health under Article 21, protection against arbitrariness under Article 14 and the State's obligation under Article 47 to improve public health.
