New Delhi: The Supreme Court on Thursday (January 30) quashed proceedings against a firm accused of manufacturing, selling and distributing “Not of Standard Quality” drugs, saying no reasons even for the namesake have been assigned and the summoning order is totally a non-speaking one.
A bench comprising Justice BR Gavai and Justice Augustine George Masih delivered the verdict on an appeal by the firm challenging an order of the Andhra Pradesh High Court refusing to quash the proceedings against it in a Kurnool trial court.
No reasons even for the namesake have been assigned: Apex Court
“In the present case also, no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non-speaking one,” the bench, which also quashed proceedings against another firm on same allegations, said.
In the present case, the Drugs Inspector, Kurnool Urban, Kurnool District filed a complaint under section 32 of the Drugs and Cosmetics Act, 1940 against the firm, its managing partner and three silent partners.
What were the allegations?
It was alleged that on September 7, 2018, the complainant picked up sample of a drug manufactured by the firm for analysis and the government analyst declared the drug sample as “Not of Standard Quality” as defined in the Drugs and Cosmetic Act and rules for the reason that the sample failed in dissolution test for Amoxycillin and Clavulanic Acid.
It was, therefore, alleged that the appellants have violated the provisions of the Drugs and Cosmetics Act by manufacturing, selling and distributing “Not of Standard Quality” drugs and ought to be punished for the offence.
Trial court summoned appellants pursuant to the complaint
Pursuant to the complaint, the trial court by an order dated July 19, 2023 summoned the appellants and directed them to appear before it on August 10, 2023.
Aggrieved by the trial court order, the appellants moved the High Court, which refused to quash proceedings against them and they then moved the Supreme Court against the High Court order.
The appellant made several submissions before the apex court, which said, “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 learned Magistrate has issued the process without assigning any reasons.”
