New Delhi, The Supreme Court on Thursday quashed proceedings against a firm for allegedly manufacturing sub-standard quality drugs, saying no reasons even for namesake were given in the trial court summoning order.
A bench of Justices B R Gavai and Augustine George Masih said the summoning order was totally a "non-speaking one".
The verdict came on an appeal filed by the firm and others against an October 2023 judgement of the Andhra Pradesh High Court, which dismissed its 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."
{{/usCountry}}The summoning order is totally a non-speaking one."
{{/usCountry}}While setting aside the high court's order, the bench quashed the trial court's summoning order of July 2023 and the related proceedings.
It noted 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 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.
Following the complaint, the trial court summoned the appellants.
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