Pharma Firms Under Scanner: HC Ropes in CBI for Synthetic Drug Probe

This directive was issued by a bench comprising Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth during the resumed hearing of a 2020 drug-related case.

The order came amidst growing concerns over the inefficacy of regulatory mechanisms in controlling the manufacture and distribution of synthetic drugs. In particular, the bench expressed doubts about the performance of the Narcotics Control Bureau (NCB) in monitoring drug manufacturing.

Background of the Case

The court's order originated from a plea related to a November 2020 drug seizure case. In 2021, the investigation had been transferred to the CBI amidst allegations involving a pharmaceutical company. The CBI had since concluded its investigation into the specific case. However, concerns persisted over the secret release of pharmaceutical drugs like Tramadol into the market, often disguised as legitimate products.

Concerned over drug manufacturing, the court remarked;

"We have our reservation regarding the performances of the NCB authorities with regard to such regulation of drug manufacturing because we have been noticing in various cases which have come to the high court that huge quantity of drugs are being recovered which are in the form of tablets, syringes, and vials, which are manufactured by various drug manufacturing companies situated in and around the areas of State of Haryana as well as Punjab."

The remark followed an NCB submission detailing its steps against synthetic drug proliferation in collaboration with state governments.

In its latest affidavit, the Narcotics Control Bureau (NCB) outlined details of several significant drug seizures, highlighting the scale of synthetic drug proliferation. In March 2020, authorities in Malout confiscated 33,000 Tramadol tablets. This was followed by a seizure in June 2020 in Panchkula and Ferozepur, where 56,000 tablets of Clovidol (Tramadol) were recovered. In Amritsar, two separate cases in May 2021 led to the confiscation of 27,000 tablets and 14,000 tablets, respectively. Additionally, in April 2022, another operation in Amritsar resulted in the seizure of 10,000 tablets.

CBI counsel Deepak Sabherwal informed the court that the agency could initiate a preliminary inquiry into pharmaceutical companies’ roles if directed. The court approved the formation of a high-integrity investigation team under the CBI’s control, allowing the inclusion of officers from NCB and state police for feedback and assistance.

"To complete the probe, the CBI would be entitled to conduct search and seizure as well as to make appropriate arrests."

It also instructed state DGPs and the UT DGP to provide necessary manpower and logistical support for the investigation. The CBI was further authorized to collaborate with police officials from neighboring states for effective investigation.

According to a recent media report in HT, the court has directed the CBI to submit a preliminary report within two months, with the matter scheduled for its next hearing on February 13, 2025.