Safe medicines basic right not just consumer choice, says Jammu and Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has ruled that ensuring the safety and quality of medicines is a fundamental right, not just a personal choice. The court made this statement while ruling against criminal charges against three directors of a pharmaceutical company over a drug declared "Not of Standard Quality". Justice Wasim Sadiq Nargal was presiding over a case involving Ankur Kirtikumar Mehta, Dr Kirtikimar Laxmidas Mehta and Nirav Kirti Kumar Mehta, directors of Corona Remedies Private Limited.

The court emphasized that the right to life encompasses the right to live with dignity, including access to safe and effective medicines. The drug in question, Locipil tablets, was manufactured in September 2015 and had an expiry date of May 2018. Government testing revealed that the drug did not meet the required quality standards.

The court noted that while the directors argued they were not personally involved in the manufacturing process and relied on evidence showing the batch was made under Good Manufacturing Practices, the connection between the directors' responsibilities and the drug's substandard quality remains to be determined. The court also considered the company's response to a legal notice, noting that they had ceased selling the affected batch and had no remaining stock.

The court found no legal error or abuse of process in the initial magistrate's order and dismissed the petition, directing the trial court to decide the case on its merits.