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The Supreme Court on Tuesday dismissed a public interest petition seeking cancellation of the licence granted to drug major Ranbaxy, alleging it was manufacturing and selling adulterated medicines.
The court stated that the petitioner had not placed any material to show that the medicines manufactured by Ranbaxy were substandard, spurious or otherwise prohibited under the Drugs and Cosmetics Act.
The petition was moved by a lawyer, M L Sharma alleging that since the company had admitted before a US court about the substandard quality of certain drugs sold there, it should be barred from selling its medicines here.
He produced a parliamentary committee report to show that there are not enough laboratories, experts and other facilities to test the drugs.
Therefore, Ranbaxy was going scotfree. The bench consisting of judges A K Patnaik and Ranjan Gogoi stated the report was of general nature and did not refer to drugs produced by Ranbaxy.
They said the petitioner must show which medicine produced by the company violated the laws of this country and posed threat to the people.
“Give us facts, not newspaper reports,” they insisted before dismissing the petition. They allowed Sharma to file a fresh petition with relevant evidence if available. The bench said that it cannot decide the plea against the company on the basis of a judgement passed by a US court.
“Your entire argument is based on proceedings in the US. We have no jurisdiction over it. Show us material that things are happening in India and it adversely affects right to life of people here,” the bench observed, adding, “Where is the material against Ranbaxy”. Sharma, in his petition, had alleged Ranbaxy was fined $500 million by the US Food and Drug Administration (FDA) for making and selling “adulterated” drugs. It also sought sealing of all its manufacturing units here, including those in Paonta Sahib in Himachal Pradesh and Dewas in Madhya Pradesh.
He alleged despite Ranbaxy pleading guilty to supplying adulterated drugs in the US and being fined such a huge amount, the Centre has not taken any action to prohibit or ban the drugs made by the company.
He also sought action against Indian drug regulator, Central Drug Standards Control Organisation (CDSCO), for permitting Ranbaxy to sell drugs in India, especially in the wake of the results of the FDA probe.
