CHENNAI: The Madras High Court on Friday dismissed a petition seeking to quash a First Information Report (FIR) registered against Puducherry-based pharmaceutical entities accused of manufacturing and distributing counterfeit medicines by unlawfully using trademark designs of Sun Pharmaceutical Industries Ltd.
Refusing to interfere with the ongoing probe, a bench presided over by Justice G. K. Ilanthirayan directed the Central Bureau of Investigation (CBI) to expedite its investigation and submit a comprehensive final report within 12 weeks.
Key Highlights of the Ruling
Court Authority: Madras High Court (Justice G. K. Ilanthirayan).
Investigating Agency: Central Bureau of Investigation (CBI).
Primary Offence: Illegal manufacture and distribution of counterfeit medicines (including batches of Montek LC) using copied trademark, packaging, and label designs.
Court Directives: Dismissed the quashing petition; ordered CBI to wrap up the investigation and submit a final report within 12 weeks.
Court Rejects Arguments on Multiple FIRs and Police Jurisdiction
The petitioners argued that a fresh FIR was unnecessary given that multiple states—including Telangana, Maharashtra, and Rajasthan—had already registered police cases regarding the same broader distribution network.
Rejecting this contention, Justice Ilanthirayan observed that the present case constitutes a distinct cognizable offence.
“This FIR arose from the seizure of counterfeit Montek LC batches, discovery of manufacturing and storage facilities in Puducherry, manipulation of e-way bills, fake purchase invoices, and evidence linking the accused to the counterfeit supply chain,” the court noted, establishing that the investigating machinery must be allowed to unearth the crime.
The court also dismissed arguments asserting that police officers lack jurisdiction to investigate offences relating to the Drugs and Cosmetics Act alongside the Bharatiya Nyaya Sanhita (BNS). The bench clarified that while Chapter IV of the Drugs and Cosmetics Act is typically handled by drug inspectors, there is no legal bar preventing the police or specialized investigative agencies from probing concurrent offences under the BNS, the Copyright Act, and provisions against cheating.
Case Background & Transfer to CBI
The case originally originated from raids that uncovered illegal production and storage units operating in Puducherry. Given the interstate scope of the operations, complex logistics involving manipulated e-way bills, and allegations of fake invoicing, the investigation was transferred from the local CB-CID to the CBI to map out the entire national supply network.
