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Supreme Court of India 2026-02-26 allowed

State of Kerala & Anr vs M/s. Panacea Biotec Ltd. & Anr

Bench: 2 — Ahsanuddin Amanullah, S.V.N. Bhatti

In Brief

The Supreme Court allowed appeals by State of Kerala in drug misbranding cases, setting aside the Kerala High Court's order that quashed proceedings. The Court held that when a public servant files a complaint in official discharge of duties, a mandatory Section 202 CrPC inquiry before issuing process against out-of-jurisdiction accused is not required. The Court also clarified that limitation under Sections 468-469 CrPC begins from the date the offender's identity becomes known, not from the initial complaint date. Fresh summons were directed to issue for trial to proceed according to law.

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Criminal Procedure Drugs and Cosmetics Pharmaceutical Regulation Limitation Jurisdiction Public Prosecutors Misbranding Consumer Protection

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