Karnataka High Court Sets Aside Charges Against GlaxoSmithKline in Vaccine Pricing Case

The Karnataka High Court has set aside the charges framed against GlaxoSmithKline Pharmaceuticals Ltd and its former Assistant Logistics Manager K.K. Palan in a prosecution alleging violation of the Drugs (Prices Control) Order, 1995 in relation to vaccines. Justice Rajesh Rai K passed the order. He held the magistrate had committed a material irregularity by framing the charge without first recording the prosecution evidence.

An inspection conducted on July 21, 2003 gave rise to the case. The authorities alleged at the time that stocks of vaccines did not carry the prescribed price markings. It was further alleged at the time that price lists had not been furnished when demanded, and that omission was cited as an additional ground for proceeding under the said drug price control order.

The bench said the procedure adopted by the magistrate had deprived the accused of the statutory right to seek discharge under Section 245 CrPC before the charge was framed. The court therefore concluded the charge as framed against the company and the officer could not be sustained on a record where no prosecution witness had been examined at that stage.

Seized stock missing from property room

Seized medicines are no longer available in the property room of the trial court, the order records. That finding followed a physical verification of the property room carried out on October 8, 2026, whose outcome was placed before the High Court by way of a report dated October 14, 2026.

Without the case property, the bench observed the prosecution case on the pricing allegation could be significantly affected if an attempt were made to lead evidence on the seized stock. In its present form, the prosecution arising from that inspection is left without a surviving charge and without the seized material to support proof.