Allahabad High Court Overturns Drug Firm Licence Cancellation Linked to Syrup Deaths in Uzbekistan

The Allahabad High Court has overturned a decision that revoked the licence of a pharmaceutical company in 2023. This action followed the deaths of about 15 children in Samarkand, Uzbekistan, linked to a syrup produced by the company. Justice Dinesh Pathak, who allowed the writ petition from M/s Marion Biotech Private Limited, expressed surprise at Indian authorities relying on a foreign court's judgement.

The court annulled an order from October 4, 2023, which required the drug company to provide certified copies of Uzbek court orders. The company was also asked to submit a report to the Drugs Licensing and Controlling Authority, UP, and Drug Controller General of India after implementing corrective measures. The petitioner operates a manufacturing unit in Noida Sector 67.

Drug Quality Concerns

A Joint Inspection Team from central and state drug authorities conducted multiple inspections at the company's factory. They collected drug samples for testing and analysis. These samples were later found to be substandard. Consequently, the state's drugs licensing authority cancelled the company's licence on March 13, 2023.

The court noted that Indian drug laws are comprehensive and do not need validation from foreign judgements. "Indian laws relating to drugs are exhaustive and self-sufficient code which does not require any validation of the judgement passed by a foreign court," stated the high court order.

Inspection Findings

The petitioner's factory underwent several inspections, with samples examined by government analysts as per legal provisions. Authorities thoroughly investigated the manufacturing process and quality of drugs at the factory under the Act 1945 and Rules 1945.

The court found no compelling evidence from foreign judgements to justify validating Indian authorities' actions under local law. "Nothing special has been demonstrated before this court in the orders passed by different courts of Republic of Uzbekistan except certain observations with regard to the quality of drugs," said Justice Pathak.

Legal Implications

The judge declared the impugned order illegal and beyond jurisdiction, stating it would prejudice the petitioner's rights and lead to injustice. "Existence of such order would prejudice to the right and interest of the petitioner and amounts to miscarriage of justice to him," added the court in its May 19 judgement.

With inputs from PTI