Limitation Period For Offence Under Drugs & Cosmetics Act Starts From Receipt Of Drug Analyst's Report : SC

The Supreme Court held that the limitation period for offences under the Drugs and Cosmetics Act, 1940, punishable with up to three years’ imprisonment, begins from the date of receipt of the Government Analyst’s report.

A bench of Justices Vikram Nath and Sandeep Mehta set aside the Kerala High Court’s order allowing the continuation of proceedings against Indica Laboratories’ directors in a substandard drug case.

The Court observed that offences are made out only after the analyst’s report is received, and since the complaints were filed in June–July 2013, beyond the three-year limit from March–April 2010, they were time-barred.

The court emphasised that the Limitation Act aids the vigilant, not the negligent,

[Miteshbhai J. Patel v The Drug Inspector]