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Indian Supreme Court litigation over counterfeit medicines

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2026-09-28 17:53 UTC → 2026-09-29 16:12 UTC · added ~~removed~~

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.

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