The Supreme Court on Thursday quashed the proceedings against a firm accused of manufacturing sub-standard drugs, citing the trial court’s failure to provide any justification in its summoning order.
A bench of Justices BR Gavai and Augustine George Masih noted that the trial court’s order was a “non-speaking one,” meaning it lacked any reasons, even superficially, for summoning the accused.
The firm, along with others, had appealed against the Andhra Pradesh High Court’s October 2023 decision, which had rejected their plea to quash the proceedings in the Kurnool trial court. However, the Supreme Court focused on the fundamental issue that the magistrate had issued the summons without providing any rationale.
The bench stated, “We do not find it necessary to consider the submissions made by the appellants on various grounds, as the appeal is liable to be allowed on the short ground that the magistrate has issued the process without assigning any reasons.”
In its judgment, the Court emphasized that no reasons were provided in the summoning order. “The summoning order is totally a non-speaking one,” the bench stated, highlighting the procedural flaw. As a result, the Supreme Court set aside the High Court’s ruling, quashing the trial court’s July 2023 summoning order and the related proceedings.
The case stemmed from a complaint filed in May 2019 by the drugs inspector of Kurnool Urban, under Section 32 of the Drugs and Cosmetics Act, 1940. The complaint alleged that the company, its managing partner, and others had manufactured, sold, and distributed drugs that were of sub-standard quality.
The issue arose from a drug sample taken by the complainant in September 2018, which was later found to be “not of standard quality” after analysis.
Despite this, the trial court had issued a summoning order without providing any reasoning, prompting the firm’s appeal to the Supreme Court.
By quashing the proceedings, the Supreme Court underscored the importance of adhering to legal standards, particularly the necessity for trial courts to offer clear justifications when summoning accused individuals.
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