Jammu & Kashmir High Court Disposes PIL On Spurious Drugs; Says “no further directions are required to be issued” As Authorities Have Ensured Quality Control
Safiya Malik
The High Court of Jammu & Kashmir and Ladakh, Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal disposed of a public interest litigation concerning the alleged sale of spurious and misbranded medicines in the Union Territory. The petitioner, a practicing lawyer, had sought directions to ban unregistered pharmaceutical companies and strengthen regulatory checks under the Drugs and Cosmetics Act. The Court noted that the authorities had already implemented measures to ensure the quality of drugs and established complaint mechanisms. Concluding that no further directions were necessary, the Bench closed the proceedings while allowing the petitioner to report any future instances of fake or substandard drugs to the competent authorities for appropriate legal action.
The petitioner, a practicing lawyer, filed a public interest litigation alleging the sale of misbranded, spurious, and sub-standard medicines in the Union Territory of Jammu and Kashmir. He sought directions mandating the authorities to investigate the operation of unregistered pharmaceutical companies, ban the sale of drugs manufactured by such entities, and devise strategies to prevent the circulation of fake and misbranded medicines. The reliefs also included conducting large-scale sampling tests and curbing the over-the-counter sale of antibiotics.
The respondents filed their response asserting that the Drugs and Cosmetics Act, 1940, along with the Drugs Rules, 1945, provides a comprehensive mechanism to regulate the manufacture and sale of medicines. They detailed the procedures for testing raw materials and finished batches, the functioning of two testing laboratories at Jammu and Srinagar, and the establishment of an Intelligence-cum-Legal Cell for investigating spurious drug rackets. The respondents also produced data regarding sampling and prosecution over the preceding five years and stated that extensive checks confirmed no fake entities were operating in the pharmaceutical market. The petitioner later submitted that he would be satisfied if the authorities were directed to prevent the sale of spurious or fake drugs in the Union Territory.
The Division Bench recorded that “the official respondent Nos. 2, 3, 4 and 5 have filed the response stating therein that the Drugs and Cosmetics Act, 1940 and the rules framed thereunder, lay down a comprehensive mechanism with all checks and balances to regulate the sale and purchase of medicines.” The Court noted the respondents’ submission that “the manufacturer of drugs is under statutory obligation to test each lot of the raw material used for manufacturing drug and each batch of the final product.”
The Court took note of the respondents’ contention that “the Department has carried out extensive market checks and found that the drugs in circulation are manufactured by companies having established credentials.” It was also recorded that “out of abundant caution, notices have been served upon all the companies regarding which the petitioner has cast doubts.”
The Bench further observed that “there is proper complaint redressal mechanism and all the complaints received are attended to the entire satisfaction of end-users.” It was stated that “the Department has carried out extensive market checks and found that there is no fake entity engaged in Pharma business as per the market survey.” Based on these records, the Court found that “the respondents have already taken ample measures to ensure the availability of quality medicines/drugs to the patients in the Union Territory of Jammu and Kashmir.”
The Court stated that “in view of the stand taken by the official respondents and the submissions made by the learned counsel for the contesting parties, no further directions are required to be issued. Accordingly, the present petition is disposed of.”
“The petitioner is left free to bring to the notice of respondent Nos. 2 and 3 any sale of fake/spurious drug/medicine in the Union Territory of Jammu and Kashmir. If any such information is provided to respondent No. 2 and 3, they shall proceed in accordance with law.”
Advocates Representing the Parties
For the Petitioner: Mr. Hashir Shafiq, Advocate.
For the Respondents: Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadiri, Sr. AAG; Mr. Faizan Majeed Ganaie, CGSC vice Mr. T.M. Shamsi, DSGI; and Mr. Ateeb Kanth, Advocate.
Case Title: Naveed Riaz v. Union of India & Others
Neutral Citation: 2025:JKLHC-SGR:296
Case No.: WP(C)PIL No. 3/2022
Bench: Chief Justice Arun Palli and Justice Rajnesh Oswal
