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Supreme Court of India 2026-02-20 dismissed

M/s SBS BIOTECH & OTHERS vs STATE OF HIMACHAL PRADESH

Bench: 2 — Prashant Kumar Mishra, Vipul M. Pancholi

In Brief

A pharmaceutical firm was prosecuted for failing to maintain manufacturing records as required by law during production of a regulated drug (Pseudoephedrine). The company challenged the trial court's decision to send the case to a Special Court, arguing it should be tried by a lower court. The Supreme Court upheld the trial court's decision, finding that the alleged violations of record-keeping requirements, when linked to drug manufacture and distribution, constitute a more serious offence triable only by higher courts with a three-year time limit—not the one-year limit the company claimed. The complaint was filed within the prescribed timeframe, and the Court confirmed the correct forum for trial.

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Drugs and Cosmetics Act Criminal Procedure Jurisdiction Limitation Manufacturing Records

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