By Literal Law News Desk | January 18, 2026
PRAYAGRAJ: The Allahabad High Court has refused to quash the criminal proceedings against M/s Marion Biotech Pvt. Ltd. and its directors in connection with the manufacture of “sub-standard” cough syrup, which was allegedly linked to the deaths of over 18 children in Uzbekistan.
A Single Bench of Justice Harvir Singh observed that the manufacture and circulation of sub-standard drugs pose a “serious threat to public health” and held that technical objections cannot be allowed to obstruct the enforcement of public safety legislation.
Background
The case stems from a 2023 World Health Organization (WHO) alert regarding two cough syrups manufactured by the Noida-based firm. According to the Central Government, the consumption of the company’s DOK-I Max syrup was linked to mass fatalities of children in Uzbekistan.
Following an investigation by the Drug Inspector, Uttar Pradesh, a complaint was filed before the Chief Judicial Magistrate (CJM), Gautam Budh Nagar. The CJM subsequently issued summoning orders against the company and five of its senior officials for violations under the Drugs and Cosmetics Act, 1940. The petitioners moved the High Court challenging this summoning order.
Arguments Presented
The counsel for Marion Biotech argued that the complaint failed to establish the active involvement of the directors in the day-to-day manufacturing process. They further contended that the testing for diethylene glycol and ethylene glycol was not a mandatory requirement at the time and was only performed at the specific request of the Drug Inspector.
The Respondent, represented by Advocate R.P.S. Chauhan, countered that the analytical reports from government laboratories provided clear prima facie evidence of the drugs being “poisonous” and sub-standard.
Court’s Observations
The Court rejected the petitioners’ contentions, noting that the British Pharmacopoeia, which governed drug standards in 2021, strictly prohibited the use of ethylene glycol in such formulations.
The Bench further noted that the company had procured propylene glycol from an entity that did not possess a valid drug license. “The analytical report constitutes adequate prima facie evidence for the case to proceed… the company has to comply with the conditions of the license, and any violation in respect of the conditions makes out an appropriate case against the revisionists,” the Court stated.
Justice Harvir Singh emphasized that at the stage of summoning, the court is only required to see if there is “legal and factual plausibility” of the alleged offences. Finding no procedural irregularity in the sampling process or the summoning order, the Court dismissed the revision petitions.
Case Statistics
Court: Allahabad High Court
Case Title: M/s Marion Biotech Pvt. Ltd. & Ors. v. Union of India & Anr.
Case Citation: [2026:AHC:9173]
Judge: Justice Harvir Singh
Date of Order: January 15, 2026
Appearances
For the Petitioners: Advocates Niraj Kumar Singh, Saroj Kumar Yadav
For the Respondents: Advocate R.P.S. Chauhan
