CHENNAI: Observing that the FIR discloses prima facie commission of cognizable offence, the Madras High Court on Tuesday refused to quash an FIR registered by CB-CID against drug manufacturer Amman Pharma for manufacturing and distribution of fake medicines bearing the labels of Sun Pharma Laboratories Limited.
Justice GK Ilanthiraiyan dismissed a petition filed by Puducherry-based Amman Pharma praying for quashing of the 2025 FIR registered by CB-CID on the ground that similar FIRs were registered by CBI which has been probing the spurious drug racket.
The petitioners also questioned the jurisdiction of the police to probe the fake medicine complaints and invocation of the Copyright Act. Senior counsel P Kumaresan appeared for the respondent company Sun Pharma.
The judge noted that even though three cases were registered, the present FIR was not registered for the same occurrence. It was registered based on the seizure made by CB-CID on counterfeit Montek LC batches and also discovery of manufacturing and storage facilities in Puducherry operated by the second accused.
Further, documents supplied by the first accused revealed the connection with the second accused - scan verification of unique QR codes seized from Puducherry, seizure of the same batch counterfeit products from Agra, manipulation of the bills and suspected fake purchase invoices of the product Montek LC.
Therefore, the present FIR is not registered for the very same set of allegations registered in the other FIR, stated the order. “This court finds that the FIR discloses prima facie commission of cognizable offence and as such this court cannot interfere with the investigation.
The investigating machinery has to step in to investigate, grab and unearth the crime in accordance with the procedures,” Justice Ilanthiraiyan said. However, he ordered the CBI to complete the investigation and file the charge sheet within 12 weeks.
Background
After receiving several complaints, Sun Pharma had conducted tests of certain medicines sold in its name in Maharashtra, Rajasthan, Delhi, West Bengal and Uttar Pradesh, and other states. Upon finding that Amman Pharma and some others were making and distributing fake medicines, it lodged complaints, following which CB-CID in Puducherry conducted raids and registered the FIR in 2025. FIRs were also registered in Maharashtra and the other states.