J&K&L High Court Closes PIL On Spurious Medicine Sales In UT, Says Detailed Mechanism Already In Place

The Jammu & Kashmir and Ladakh High Court closed a Public Interest Litigation seeking action against the alleged circulation of spurious, fake and misbranded medicines, after recording that a detailed regulatory framework is already operating in the Union Territory.

The Court was hearing a public interest petition filed by an Advocate raising concerns regarding the sale of misbranded and unregistered drugs and seeking multiple directions, including banning such medicines, initiating prosecutions, conducting mass sampling, and creating public awareness.

A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, while adjudicating the matter, observed that the UT Administration has “already taken ample measures to ensure the availability of quality medicines/drugs to the patients in the Union Territory of Jammu and Kashmir and in the event, any complaint is made by the petitioner in respect of any sale of spurious/fake drug/medicine, appropriate action in accordance with law shall be taken”.

The matter arose when the petitioner filed a PIL seeking writs of mandamus directing the authorities to file reports on operations of unregistered pharmaceutical companies, ban the sale of drugs manufactured by such entities, seize fake medicines, conduct large-scale sampling, control unauthorised over-the-counter sale of antibiotics, and spread public awareness regarding drug safety.

In response, the Drug Control Department, through Senior AAG Mohsin Qadiri, stated that the Drugs and Cosmetics Act, 1940, and the Drugs Rules, 1945, constitute a comprehensive regime containing statutory obligations on manufacturers, including testing of raw materials and every final batch of medicine.

It was also submitted that the Department conducts random and complaint-based sampling, operates two drug-testing laboratories in Jammu and Srinagar, and has established an Intelligence-cum-Legal Cell to tackle spurious drug rackets and prosecute offenders.

The respondents furnished five-year data on drug sampling and prosecution, stated that medicines in circulation are manufactured by established companies, and clarified that label claims are strictly governed by Rules 96 and 97 of the 1945 Rules.

They further submitted that all complaints received are acted upon through a public grievance redressal mechanism, and that notices have been issued to the companies mentioned by the petitioner out of abundant caution.

The High Court noted that the respondents had detailed the entire regulatory mechanism under the Drugs and Cosmetics Act, including laboratory testing, market surveillance, statutory labelling requirements and a specialised enforcement cell to counter fake drug circulation.

The Court further observed that samples are lifted regularly, prosecutions are being launched, and extensive checking has revealed that drugs in circulation are manufactured by companies with recognised credentials.

The Bench recorded the State's stand that, if any complaint regarding spurious drugs is received, it will be dealt with strictly in accordance with the law. In view of these submissions, the Court held that no further directions were required to be issued in exercise of the writ jurisdiction.

Finding that a detailed statutory and administrative mechanism already exists to prevent the sale of misbranded or spurious medicines, and noting the assurances given by the authorities, the High Court disposed of the petition.

However, it clarified that the petitioner is free to report any specific instance of fake or spurious drugs to the respondent authorities, who shall proceed strictly in accordance with the law.

Cause Title: Naveed Riaz v. Union of India & Others

Citation: 2025 Livelaw (JKL)

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