Bombay High Court

Bombay HC: Oscar Remedies Case Dismissed Due to Late Drug Testing

Updated
Feb 3, 2026 11:26 PM
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In a recent decision by the Nagpur Bench of the Bombay High Court, a legal request was approved, leading to the dropping of a case against Oscar Remedies Pvt. Ltd. for not following drug testing rules. This case shows how important it is to test drugs on time to keep people safe.

The Case: Who's Involved?

The people who asked the court for help were Mr. Ashwani Lamba and others, who are in charge at Oscar Remedies Pvt. Ltd., located in Yamunanagar, Haryana. They were facing the State of Maharashtra, represented by Nalanda B. Urkude, a Drugs Inspector in Gadchiroli.

What Happened: Timeline of Events

  • July 12, 2022: A Drugs Inspector checked a medical shop in Gadchiroli and took samples of a drug called RTZOL-DSR.
  • July 14, 2022: The samples were sent to a Government Analyst for testing.
  • November 1, 2022: An extension for testing was asked for, but this was after the 60-day limit.
  • January 18, 2023: The analyst reported that the drug did not meet quality standards.
  • April 19, 2023: Notice was given to the manufacturer, almost four months after getting the report.
  • August 23, 2023: A complaint was filed before the drug’s expiration date.

The Rule 45 Debate

The main issue was about Rule 45 of the Drugs and Cosmetics Rules, 1945. This rule says that drug samples must be tested within 60 days. In this case, the request for more time was made too late, and the government did not clearly approve it.

"The entire proceedings are flawed and hence, the complaint deserves to be dropped," the court noted.

Court's Decision: Dropping the Case

Judge M.M. Nerlikar decided in favor of the petitioners, stressing the importance of sticking to the 60-day testing period. The decision referred to a similar case, reinforcing the need for quick drug testing to protect public health.

Directions for the Future

The court gave several instructions to improve the process:

  • Make sure testing and reporting by analysts are done on time.
  • Take strict action against officers who do not follow rules.
  • Consider creating more laboratories to manage workloads.
  • Develop an efficient online system for tracking drug tests in real-time.

These steps aim to prevent future mistakes and ensure that low-quality drugs do not reach consumers.

Summary of the Verdict

The court decided to drop the case against Oscar Remedies Pvt. Ltd. because the drug testing was not done within the required time frame. The court emphasized the need for timely compliance with drug testing regulations to protect public health.

Tags:
Drug Testing
Public Health
Maharashtra Ownership Flats Act