Shubham Kaurav vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
1 WP-19756-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
rd
ON THE 3 OF JULY, 2026
WRIT PETITION No. 19756 of 2026
SHUBHAM KAURAV
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Krishna Sharan Kourav - Advocate for the petitioner.
Shri Sunil Kumar Jain, Additional Solicitor General appears through
VC With Shri Shrikrishna Sharma, Advocate for UOI.
Shri Bramhadatt Singh, Additional Advocate General for the State.
ORDER
Per: Pradeep Mittal, J
The petitioner has filed this PIL claiming the following reliefs:-
"(i) Direct the respondents to conduct an independent, multi-
laboratory scientific investigation of the concerned batch of
Human Albumin 20% Solution Ph. Eur. (Alburel-OS) through
accredited and authorized laboratories.
(ii) Direct the competent authorities to seize, preserve, and
forward samples of the said batch to independent laboratories for
scientific and confirmatory testing.
(iii) Direct that, pending completion of the investigation, the sale,
distribution, and use of the said batch be kept in abeyance or
otherwise regulated in accordance with law.
(iv) Direct the respondents to consider and take appropriate action
on the complaints and representations submitted by the petitioner
in accordance with law.
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
2 WP-19756-2026
(v) Direct a comprehensive scientific and regulatory investigation
into the matter to ensure patient safety and protect public health.
(vi) Pass such other or further order(s) as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case, in
the interest of justice."

2. The facts leading to filing this petition are that, on 08.04.2024,
Shri Mahesh Kumar Verma consulted Dr. Pankaj Asati, M.D. (Medicine),
Associate Professor, Medical College, Jabalpur, who prescribed Human
Albumin 20% Injection (100 ml) along with other medicines.
3. That, pursuant to the said prescription, Human Albumin 20%
Solution Ph. Eur. (Alburel-OS), Batch No. AHC23366A (Expiry: November
2026), was purchased from Napier Chemist, Jabalpur, on 08.04.2024.
4. That, according to the petitioner, before administration to the
patient, one sample of the said product was tested as a precautionary measure
and allegedly tested HIV Positive in a Rapid HIV/SYP Combo Test and HIV
Reactive in a subsequent HIV-1/2 & P24 Combo Test conducted through
Care Path Labs.
5. That, thereafter, the petitioner informed the concerned chemist,
the manufacturer, and the competent authorities regarding the alleged
findings through emails, representations, telephone calls, and WhatsApp
communications, requesting scientific investigation, batch verification,
preservation of samples, and immediate regulatory action.
6. That, out of the three bottles purchased from the same batch, one
bottle was used during treatment, while the remaining two bottles have
allegedly been preserved in sealed condition for scientific examination.
7. That, despite repeated complaints and representations, according
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
3 WP-19756-2026
to the petitioner, no independent scientific investigation or effective

regulatory action has been undertaken by the competent authorities.
8. That, in the aforesaid circumstances, the petitioner has filed the
present Public Interest Litigation seeking an independent scientific
investigation and appropriate regulatory action in the interest of public health
and patient safety.
9. That, the facts stated herein are based on the petitioner's personal
knowledge, information received from the affected person, medical records,
laboratory reports, emails, representations, WhatsApp communications, and
the documents annexed herewith the writ petition.
10. That, the present petition raises serious concerns relating to public
health and drug safety. According to the petitioner, if the alleged HIV
Reactive batch remains in circulation without proper scientific investigation
and regulatory intervention, it may endanger the lives of patients and cause
irreparable public harm.
11. That, despite repeated complaints and representations, the
competent authorities have neither conducted an independent scientific
investigation nor passed any final decision on the issues raised in the present
petition. That, the petitioner submitted complaints and representations to the
manufacturer, the Drug Controller General of India (DCGI), CDSCO, the
Ministry of Health & Family Welfare, and the concerned State Drug
Authorities, seeking scientific investigation and regulatory action. However,
according to the petitioner, no effective action has been taken till date, hence
this PIL on the following grounds.
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
4 WP-19756-2026
12. It is submitted by the learned counsel for the petitioner that,

according to the petitioner, the sample of the aforesaid product allegedly
tested HIV Reactive in two separate laboratory tests, raising serious concerns
regarding its safety. That, despite the aforesaid allegations and repeated
representations, no independent scientific investigation or effective
regulatory action has been undertaken by the competent authorities.
13. That, the alleged issue concerns public health and drug safety
and, therefore, requires immediate scientific investigation and regulatory
intervention. That, the present petition raises an issue of substantial public
importance affecting the safety of patients at large, warranting the
intervention of this court.
14. Having heard the learned counsel for the parties and upon
perusal of the material available on record, we find that the principal
allegation in the present Public Interest Litigation is that a batch of Human
Albumin 20% Solution Ph. Eur. (Alburel-OS) allegedly tested HIV Reactive
in private laboratory tests.
15. However, the petitioner has not placed on record any report
issued by a Government laboratory, a laboratory notified or recognized under
the applicable statutory framework, or any competent regulatory authority
establishing that the said batch is contaminated, defective, or HIV Reactive.
The reports relied upon by the petitioner are private laboratory reports,
which, by themselves, cannot conclusively establish the serious allegations
made in the present petition, particularly when the reliefs sought involve
regulatory action affecting a medicinal product and public health.
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
5 WP-19756-2026
16. The record further does not disclose that any competent statutory

authority has confirmed the alleged findings after collecting and testing
samples in accordance with the prescribed procedure under the applicable
law. In the absence of any scientific report from a Government laboratory or
any finding recorded by the competent regulatory authority, we are not in a
position to return a finding on the safety or quality of the product or to issue
the directions sought by the petitioner.
17. A writ of this nature, especially in the form of a Public Interest
Litigation involving allegations relating to the safety of a pharmaceutical
product, cannot be entertained solely on the basis of unverified private
reports without corroboration by the competent statutory authorities. Judicial
directions of the nature prayed for must rest upon credible and legally
admissible material.
18. Accordingly, the petitioner has failed to establish a prima facie
case warranting the exercise of the extraordinary jurisdiction of this court
under Article 226 of the Constitution of India.
19. Under Sections 22 and 23 of the Drugs and Cosmetics Act,
1940, a legally appointed Drugs Inspector is the designated statutory
authority empowered to enter licensed premises and collect drug samples for
analysis. While collecting samples, the Drugs Inspector is required to follow
the mandatory legal procedure, including payment of the fair price of the
sample, dividing it into the prescribed portions, and forwarding the sample to
the Government Analyst for testing. In the present case, if the petitioner
genuinely believed that the drug was unsafe, contaminated, or unfit for
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
6 WP-19756-2026
human consumption, the petitioner ought to have first approached the Drugs

Inspector and lodged a complaint in accordance with the statutory procedure.
However, no such complaint was made, and consequently, no sample was
collected or tested as required under law. Further, the prescribing doctor,
who was in the best position to assess the patient's clinical condition, never
reported that the prescribed drug was unsafe, contaminated, or unfit for
human consumption, nor did the doctor raise any concern linking the
medication to HIV infection. Therefore, the petitioner's independent
allegations are unsupported by any clinical opinion, scientific evidence, or
technical analysis required to establish that the drug was dangerous for
human consumption. The petitioner has also bypassed the designated
regulatory authorities, including the Central Drugs Standard Control
Organization (CDSCO), and has failed to produce any Government Analyst's
report or any other verified laboratory testing report supporting the
allegations. Such omission raises serious doubts regarding the credibility of
the claims. Moreover, no reported case or regulatory finding between 2023
and 2026 has linked the said drug to HIV infection or declared it unsafe for
human consumption. The complete absence of any established or
documented cases during this period further demonstrates that the allegations
are baseless and unsupported by scientific or regulatory evidence. In these
circumstances, the petition appears to be a sponsored, publicity-driven, and
frivolous litigation, filed without any statutory, medical, or technical
foundation. Petitions based on mere suspicion, unsupported by expert
evidence, laboratory analysis, or findings of the competent regulatory
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56

NEUTRAL CITATION NO. 2026:MPHC-JBP:48099
7 WP-19756-2026
authorities, are liable to be dismissed.

20. The writ petition is, therefore, dismissed. However, it is observed
that if any competent Government laboratory or statutory authority, upon
examination of the product in accordance with law, records any adverse
finding regarding the concerned batch, it shall be open to the competent
authorities to take appropriate action in accordance with law. It is also open
to the petitioner to avail such remedies as may be available in law on the
basis of any subsequent material that may come into existence. No order as
to costs.
(VIVEK RUSIA)
ACTING CHIEF JUSTICE
(PRADEEP MITTAL)
JUDGE
MSP

Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 09-07-2026
10:15:56