SC Quashes Drug Manufacturing Case, Cites Lack of Justification in Summoning Order

SC Quashes Drug Manufacturing Case, Cites Lack of Justification in Summoning Order

On Thursday, the Supreme Court cancelled proceedings against a company accused of producing substandard drugs, stating that the trial court’s summoning order lacked any justification, even in name.

A bench comprising Justice B R Gavai and Justice Augustine George Masih remarked that the order was entirely a "non-speaking" one.

The verdict was delivered on an appeal filed by the firm and others challenging an October 2023 judgment by the Andhra Pradesh High Court, which had rejected their plea to quash the proceedings in a Kurnool trial court.

"However, we do not find it necessary to consider the submissions made by the appellants on various grounds inasmuch as the present appeal is liable to be allowed on the short ground that the magistrate has issued the process without assigning any reasons," the bench said, referring to the submissions of the firm's counsel.

It said, "In the present case also, no reasons even for the namesake have been assigned by the magistrate. The summoning order is totally a non-speaking one."

While setting aside the high court's order, the bench quashed the trial court's summoning order of July 2023 & the related proceedings.

The court noted that in May 2019, the Drugs Inspector of Kurnool Urban filed a complaint under Section 32 of the Drugs and Cosmetics Act, 1940, against the company, its managing partner, and others. The record revealed that in September 2018, the complainant had collected a sample of a drug manufactured by the firm for analysis, and the subsequent report declared the sample to be "not of standard quality."
 
The appellants were accused of breaching the provisions of the 1940 Act by manufacturing, selling, and distributing substandard drugs.
 
Following the complaint, the trial court summoned the appellants.  
 
 
Share this News

Website designed, developed and maintained by webexy