Miteshbhai J. Patel & Anr. v. The Drug Inspector

Miteshbhai J. Patel & Anr. v. The Drug Inspector

On 20 August 2025, the Supreme Court (Justices Vikram Nath and Sandeep Mehta) held that the limitation period of offences under the Drugs and Cosmetics Act, 1940, and brought in time in accordance with the Limitation Act, 2020 and not in terms of the IPC, 2020 or Limitation Act, 1870. The case occurred when drugs were sampled on 29 January 2010, the reports of the Government Analyst were received on 30 March 2010 and 9 April 2010. In June-July 2013, the prosecution complained to the directors of Indica Laboratories. The Court ruled that, in cases sentenced to up to three years, the limitation period runs onwards rather than backwards; that is, it starts when the analyst's report has been received but not when the sample is collected. Therefore, the three-year limitation ran out in the period from March to April 2013, and, thus, the following complaints were out of time. Leaving the ruling of Kerala High Court that warranted the continuation of prosecution, the Supreme Court ordered quashing of the proceedings on the ground that prosecution should take place timely manner so as to protect the rights of the accused.