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SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules

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Drugs Act and the Rules – Discrepancy and Difference in the contents of Outer and Inner Labels – False Claim for the Drug and Misbranding – Quashing of the Summoning Order in the Criminal Complaint – Section 202 of Cr PC

as the contents differed on the outer and inner labels, the drug was not labelled in the prescribed manner as specified in Rule 96 of the Rules; that the outer carton label makes a false claim for the drug and is misleading, and; that the drug is misbranded

offences under Sections 18(a)(i) read with 17(b) and 17(c) of the Drugs & Cosmetics Act, 1940 read with Rule 96 [of the Drugs and Cosmetics Rules, 1945 punishable under Section 27(d) of the Act.

HELD that Section 202 Cr PC must be read harmoniously with the exemption under Section 200  Cr PC given to the public servant from examination on oath.

HELD that the issues of Director’s Liability in criminal complaint under the Drugs Act must be tried, not quashed at the summoning orde.

Judgment dated 26.2.2026 of the Supreme Court of India in SLP (Criminal) No.4524 of 2023 of the State of Kerala and another   Vs.  M/s. Panacea Biotec Ltd and others with connected matters.

 

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