SC Drops Criminal Charges Against P&G Director, But No Relief For Akums Drugs in Vicks Gel Case

Published On 2025-09-05 09:30 GMT | Update On 2025-09-05 09:30 GMT

Supreme Court of India

New Delhi: The Supreme Court has quashed criminal proceedings against Shailyamanyu Singh, a Non-Executive Director of Procter and Gamble Hygiene and Healthcare Limited (P&G Ltd), who was summoned in connection with the alleged distribution of expired drugs in Mumbai.

The case stemmed from a 2016 inspection by the Drug Inspector at the premises of Action Soap Center in Mazgaon, Mumbai, where expired stocks of Vicks Multi Pain Relief Gel were found.

The drug, manufactured by Akums Drugs and Pharmaceuticals and distributed by P&G Ltd., had an expiry date of January 2016. According to P&G’s standard operating procedure, such drugs were to be recalled and destroyed six months prior to expiry, but the expired stock was allegedly in circulation.

Following the seizure, the Drug Inspector issued a series of notices to P&G Ltd. in June 2016, questioning the supply chain. Responses were sent by company officials, including Singh in his capacity as a legal officer, stating that the expired batch was under the custody of the clearing and forwarding agent KD Supply Chain Solutions Pvt. Ltd. and had been further supplied to Star Express, an unlicensed distributor.

Subsequently, a complaint was filed before the Metropolitan Magistrate, Mazgaon, naming multiple parties, including local distributors, Akums Drugs, P&G Ltd., and Singh. The magistrate took cognizance and issued process against all accused for violations under Sections 18B, 18(a)(vi), and 22(1)(cca) of the Drugs and Cosmetics Act, 1940, which are punishable under Sections 28A and 27(d).

Singh challenged the summoning order before the Bombay High Court under Section 482 CrPC, but his plea was dismissed in April 2023. He then approached the Supreme Court by way of appeal.

In its ruling, the apex court emphasized that under Section 34 of the Drugs and Cosmetics Act, only those directors who are directly responsible for the day to day affairs of a company, or whose consent or neglect led to the offense, can be held vicariously liable.

The court noted that Singh was a Non-Executive Director and there were no specific allegations or material linking him to the alleged offence.

The bench comprising Justices Vikram Nath and Sandeep Mehta held that the High Court erred in assuming Singh’s role in distribution of the drugs without supporting material. The Supreme Court observed that “bald and omnibus allegations” are insufficient to summon a director without evidence of active involvement.

The court, therefore, quashed the summoning order and all criminal proceedings against Singh but clarified that the trial would continue against the other accused, including P&G Ltd. and Akums Drugs.

The court noted;

"We conclude that prosecution of the appellant herein on the anvil of vicarious liability simply for being a director of the company is absolutely unjustified and tantamounts to a gross abuse of the process of law.

The impugned judgment and order dated 12th April, 2023 rendered by the High Court is unsustainable in the eyes of law, and hence, the same is set aside.

The summoning order and all proceedings sought to be taken against the appellant in Complaint No. 1500201/SW/2016 are hereby quashed. However, the proceedings of the complaint shall continue against the other accused arraigned therein."

To view the official order, click the link below:

https://medicaldialogues.in/pdf_upload/17908202331462558judgement-1737609-298423.pdf

Disclaimer: This website is primarily for healthcare professionals. The content here does not replace medical advice and should not be used as medical, diagnostic, endorsement, treatment, or prescription advice. Medical science evolves rapidly, and we strive to keep our information current. If you find any discrepancies, please contact us at corrections@medicaldialogues.in. Read our Correction Policy here. Nothing here should be used as a substitute for medical advice, diagnosis, or treatment. We do not endorse any healthcare advice that contradicts a physician's guidance. Use of this site is subject to our Terms of Use, Privacy Policy, and Advertisement Policy. For more details, read our Full Disclaimer here.

NOTE: Join us in combating medical misinformation. If you encounter a questionable health, medical, or medical education claim, email us at factcheck@medicaldialogues.in for evaluation.

Susmita Roy

Susmita Roy, B pharm, M pharm Pharmacology, graduated from Gurunanak Institute of Pharmaceutical Science and Technology with a bachelor's degree in Pharmacy. She is currently working as an assistant professor at Haldia Institute of Pharmacy in West Bengal. She has been part of Medical Dialogues since March 2021.

Comments Policy

Our comments section is governed by our Comments Policy . By posting comments at Medical Dialogues you automatically agree with our Comments Policy , Terms And Conditions and Privacy Policy .

SC Drops Criminal Charges Against P&G Director, But No Relief For Akums Drugs in Vicks Gel Case

Similar News

ICMR licenses nine breakthrough health technologies to industry partners including Biological E, Zydus

Granules India, NIPER SAS Nagar inaugurate Centre of Excellence for Sustainable Pharma Innovation

DPIIT collaborate with Pfizer to strengthen India healthcare innovation ecosystem

Zydus Lifesciences names Nitin D Parekh as President (Special Projects)

Biocon Biologics Bengaluru facility gets 5 USFDA observations

These 33 Life-Saving Drugs, Including Daratumumab, Alectinib, Obinutuzumab, Now GST-Free, See List

Vigilance Nabs Drugs Inspector Taking Rs 40,000 Bribe for Pharmacy Licence