SBS Biotech v. State of Himachal Pradesh 2026 INSC 171 - Drugs and Cosmetics Act
"For the offences punishable under Chapter IV, the Court inferior to the Court of Session shall not try such offences. "
Drugs and Cosmetics Act, 1940 - Chapter IV - Section 32(2) - For the offences punishable under Chapter IV, the Court inferior to the Court of Session shall not try such offences. (Para 32)
Drugs and Cosmetics Act, 1940 - Section 27(d) -When Section 27 (d) of the Act provides for imprisonment for a term not less than one year but may extend to two years, as per Section 468 of Cr.P.C. complaint can be filed within a period of 03 years. (Para 28)
Case Info
Case name: M/s S
Neutral citation: 2026 INSC 171
Coram: Justice Prashant Kumar Mishra and Justice Vipul M. Pancholi
Judgment date: 20 February 2026
Statutes / provisions referred:
- Drugs and Cosmetics Act, 1940: Sections 18(a)(vi), 18‑B, 22(1)(cca), 22(2‑A), 22(d), 23(5)(b), 23(6), 27(d), 28‑A, 32(2), 36‑A, 36‑AB
- Drugs and Cosmetics Rules, 1945: Rule 74, Schedule M, Schedule U
- Code of Criminal Procedure, 1973: Sections 468, 469, 482
Caselaws and citations referred:
- Miteshbhai J. Patel v. Drug Inspector, 2025 SCC OnLine SC 2203
- Cheminova (India) Ltd. v. State of Punjab, (2021) 8 SCC 818
- Union of India v. Ashok Kumar Sharma, (2021) 12 SCC 674
Brief three‑sentence summary:The Supreme Court upheld the criminal prosecution of M/s SBS Biotech and its officers for alleged violations of the Drugs and Cosmetics Act relating to non‑maintenance and manipulation of manufacturing and consumption records for pseudoephedrine, treating the conduct as a contravention of Section 18(a)(vi) punishable under Section 27(d), in addition to Section 18‑B/28‑A. It held that the omission of Section 27(d) in the body of the cognizance order was merely clerical since the complaint, title, and committal order all clearly invoked Section 27(d), and therefore the limitation period was three years under Section 468 CrPC, within which the complaint was filed. The Court further ruled that, in view of Section 32(2) read with Sections 36‑A and 36‑AB of the Act, offences under Chapter IV are triable by the Court of Session/Special Court and the Magistrate correctly committed the case, leading to dismissal of the quashing petition.
