The Supreme Court refused to quash criminal proceedings against a pharma company accused of manufacturing cough syrup allegedly linked to the death of 18 children in Uzbekistan. The Bench said the incident has “dented” India’s global image and raised serious concerns over drug quality.
New Delhi: The Supreme Court of India on Thursday strongly questioned a pharmaceutical company whose cough syrups were allegedly linked to the death of more than 18 children in Uzbekistan, asking whether it understood the serious damage caused to India’s global reputation.
Hearing the matter, a Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi expressed deep concern over the allegations.
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The Court remarked,
“Do you realise what dent it has caused to the country’s image?” while addressing the company’s representatives.
The Bench refused to interfere with an earlier decision of the Allahabad High Court, which had dismissed petitions filed by the pharmaceutical firm and some of its officials. These petitions had challenged a January 2024 summoning order issued by the Chief Judicial Magistrate of Gautam Buddha Nagar in Noida.
The magistrate had summoned the company and its officials in a complaint case filed under the provisions of the Drugs and Cosmetics Act, 1940. The complaint was filed by a drugs inspector who alleged multiple violations, including the manufacture and sale of medicines declared “not of standard quality”.
The complaint also invoked penal provisions relating to adulterated and spurious drugs, failure to follow required procedures, and the liability of company officials for the alleged offences.
During the hearing before the Supreme Court, the Bench made strong oral observations against the company. The judges said,
“Only for the sake of money, you indulge in this? The nation’s image is dented due to this,”
highlighting the seriousness of the allegations and the potential international consequences.
However, the counsel appearing for the pharmaceutical firm argued that there was no concrete material on record to directly establish that the consumption of the cough syrup had caused the reported deaths in Uzbekistan. The lawyer maintained that the allegations were not supported by clear proof linking the product to the fatalities.
Despite this defence, the Bench again questioned the company, repeating,
“Do you realise what dent it has caused to the country’s image?”
The Court made it clear that such allegations, especially involving children’s deaths in a foreign country, carry serious implications for India’s pharmaceutical industry and its credibility abroad.
The Supreme Court ultimately declined to quash the criminal proceedings and upheld the Allahabad High Court’s decision. The High Court, in its earlier order, had noted that the case was mainly based on a test analysis report which declared certain samples of the syrup as “not of standard quality”. Based on this report, proceedings were initiated under relevant penal provisions of the Drugs and Cosmetics Act, 1940.
During arguments before the High Court, the Centre had submitted that the syrup manufactured by the firm was allegedly found to be poisonous in Uzbekistan and was linked to the death of more than 18 children there.
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Taking note of these submissions and the material on record, the High Court had concluded that there was no illegality or infirmity in the summoning order passed by the magistrate.
With the Supreme Court refusing to interfere, the criminal case against the pharmaceutical company and its officials will now proceed before the trial court in Gautam Buddha Nagar. The matter has drawn significant public and international attention, raising concerns about drug quality control, regulatory enforcement, and the global image of India’s pharmaceutical sector.
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