# Indian Supreme Court litigation over counterfeit medicines > Live situation record from CLSTR: https://clstr.news/situations/indian-supreme-court-litigation-over-counterfeit-medicines > Updated: 2026-09-29T08:26:37.000Z. Sources: 13. Developments: 2. Advocate Ashwini Upadhyay filed a Public Interest Litigation (PIL) in the Supreme Court of India seeking a uniform national framework to address the manufacture and sale of counterfeit and adulterated medicines. The petition, prompted by reports of a racket in Karnataka involving fake cancer drugs and critical-care injections, called for stricter penalties, including the confiscation of assets from manufacturers and financiers. It also requested time-bound investigations and trials, mandatory videography of search and seizure proceedings, and enhanced forensic examination capabilities. Subsequently, the Supreme Court declined to adjudicate the petition. A bench led by Chief Justice Surya Kant ruled that the petition would be forwarded to the government as a representation for consideration rather than being heard as a formal legal challenge. More recently, the Supreme Court has shifted focus toward pharmaceutical pricing disparities. A bench comprising Justices Vikram Nath and Sandeep Mehta expressed severe concern over the massive gap between supply prices and maximum retail prices (MRP), describing the situation as ‘carnage’. The court highlighted an instance where a cancer drug supplied to retailers for approximately Rs 2,700 to Rs 3,000 carried an MRP of Rs 27,000. The court questioned the central government on why a uniform 16 percent margin cap is not prescribed for all pharmaceutical products under the Drug Price Control Order (DPCO). Furthermore, the bench flagged practices by corporate hospitals that mandate patients use in-house pharmacies, noting that patients seeking external medication may face threats to treatment continuity, placing a significant financial burden on patients and taxpayers. ## Claims - A cancer drug with a price to retailer (PTR) of approximately Rs 2,700 to Rs 3,000 has a maximum retail price (MRP) of Rs 27,000. (corroborated by 7 sources) - The court questioned why a uniform 16 percent margin cap is not applied to all pharmaceutical products. (corroborated by 7 sources) - The court flagged the practice of corporate hospitals requiring patients to use in-house pharmacies. (corroborated by 7 sources) - The court questioned the distinction between essential and non-essential medicines under the Drug Price Control Order (DPCO). (corroborated by 6 sources) - Solicitor General Tushar Mehta stated the Union government must find a way to balance the interests of all stakeholders. (corroborated by 3 sources) - The Supreme Court described the massive markup on cancer drugs as 'carnage'. (corroborated by 2 sources) ## Timeline ### 2026-09-29: Supreme Court of India questions massive markups on cancer drugs The Supreme Court of India has criticized massive markups on medicines, specifically cancer drugs, and questioned the lack of a uniform 16% margin cap and corporate hospitals' pharmacy mandates. 9 sources. https://clstr.news/cluster/supreme-court-of-india-declines-hearing-on-fake-medicine-pil ### 2026-09-16: Supreme Court PIL seeks national framework to combat fake medicines A PIL in the Indian Supreme Court seeks a national framework to tackle fake and adulterated medicines, demanding time-bound trials and asset confiscation following reports of counterfeit drug rackets. 4 sources. https://clstr.news/cluster/supreme-court-pil-seeks-national-framework-to-combat-fake-medicines --- Cite as: Indian Supreme Court litigation over counterfeit medicines. CLSTR, https://clstr.news/situations/indian-supreme-court-litigation-over-counterfeit-medicines