Jammu Kashmir HC Disposes of PIL on Fake Drug Sale; Asks Petitioner to Report Violations to Authorities

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has disposed of a public interest litigation (PIL) seeking a ban on the sale of spurious and misbranded drugs in the Union Territory, observing that the government has already taken measures to ensure quality control of medicines.

The PIL, filed by advocate Naveed Riaz, alleged that unregistered pharmaceutical companies were operating in Jammu Kashmir and manufacturing or selling fake and substandard medicines. The petitioner sought multiple directions to the government, including a ban on the sale of such drugs, large-scale sampling and testing, awareness campaigns, and stricter control over over-the-counter sales.

In its response, the government informed the court that the sale and manufacture of drugs in Jammu Kashmir are regulated under the Drugs and Cosmetics Act, 1940, and its accompanying rules, which lay down a comprehensive system of checks and balances. It said the Drug Control Department routinely collects samples both randomly and on complaint, and has established testing laboratories in Srinagar and Jammu.

An Intelligence-cum-Legal Cell, the government said, was constituted under order No. 638-HME of 2018 to bust fake drug rackets and prosecute offenders. It also told the court that market surveys found that all medicines in circulation were manufactured by firms with valid credentials, and that notices had been issued to the companies the petitioner had questioned.

The government maintained there was “no fake entity engaged in the pharma business” in Jammu and Kashmir and added that checks, counter-checks, and training systems were already in place to safeguard medicine quality.

During the hearing, counsel for the petitioner said he would be satisfied if the respondents were directed to ensure that no spurious or fake drugs were sold in the Union Territory.

After hearing both sides, the division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal said no further directions were necessary. The court, however, left it open for the petitioner to bring any instance of fake or spurious drug sale to the notice of the concerned authorities, who have been directed to take appropriate legal action if any such case is reported.