‘Summoning Order Is Totally A Non-Speaking': SC Junks Proceedings Against Medical Firm

The SC delivered the verdict on an appeal filed by the firm and others against an October 2023 judgment of the Andhra Pradesh High Court.

New Delhi:The Supreme Court on Thursday quashed proceedings against a medical firm, for allegedly manufacturing sub-standard quality drugs, saying no reasons even for namesake were assigned by the trial court and the summoning order is totally a non-speaking one.

The verdict was delivered by a bench comprising Justices B R Gavai and Augustine George Masih. The bench, referring to the submissions of the firm's counsel, said it does not find it necessary to consider the submissions made by the appellants on various grounds in as much as the present appeal is liable to be allowed on the short ground that the learned Magistrate has issued the process without assigning any reasons. "No reasons even for the namesake have been assigned by the magistrate. The summoning order is totally a non-speaking one," said the bench.

The apex court delivered the verdict on an appeal filed by the firm and others against an October 2023 judgment of the Andhra Pradesh High Court. The high court had dismissed its plea to quash the proceedings in a Kurnool trial court.

"The present appeal is allowed. The impugned judgment and order dated 4th October 2023 passed by the High Court of Andhra Pradesh at Amravati in criminal petition…..is quashed and set aside," said the bench.

"The summoning order dated 19th July 2023 passed by the trial court and the proceedings arising therefrom are also quashed and set aside," said the apex court. The apex court noted that in May 2019, the drugs inspector, Kurnool Urban, filed a complaint in the court under Section 32 of the Drugs and Cosmetics Act, 1940, against the company, its managing partner and others.

It came on record, in September 2018, the complainant picked up a sample of a drug manufactured by the firm for analysis and a subsequent report declared the drug sample as "not of standard quality".

The appellants were accused of violating the provisions of the 1940 Act by manufacturing, selling and distributing the poor quality drugs. After the complaint, the appellants’ were summoned by the trial court.