SC Faults Summons Order, Junks Case Against Firm Accused Of Making Poor Quality Drugs

The Supreme Court on Thursday quashed the proceedings against a firm accused of manufacturing substandard drugs, ruling that the trial court’s summoning order lacked any reasoning, even minimally.

A bench of Justices BR Gavai and Augustine George Masih stated that the order from the trial court was completely “non-speaking,” meaning it did not provide any explanation or justification for summoning the accused.

The case involved an appeal filed by the firm and others against an October 2023 decision by the Andhra Pradesh High Court, which had rejected their plea to quash the proceedings in a trial court in Kurnool.

The High Court had dismissed the firm’s request, but the Supreme Court found a crucial flaw in the trial court’s actions: it issued the summons without providing any reasons for doing so.

“We do not find it necessary to consider the appellants’ other arguments, as the appeal must be allowed solely on the ground that the magistrate issued the summons without assigning any reasons,” the bench remarked.

The Justices emphasized that the summoning order was entirely lacking in reasoning and amounted to a “non-speaking” order.

In its ruling, the Supreme Court set aside the High Court’s judgment and quashed the trial court’s order from July 2023, along with the related proceedings. The case began in May 2019, when the Kurnool Urban drugs inspector filed a complaint in court under Section 32 of the Drugs and Cosmetics Act, 1940. The complaint involved the firm, its managing partner, and others, alleging they had violated the Act by manufacturing and distributing drugs of substandard quality.

According to the complaint, in September 2018, a sample of the firm’s drug was taken for analysis, and the results showed it did not meet the required quality standards. Following the complaint, the trial court had summoned the appellants.

However, the Supreme Court found that the trial court had failed to provide adequate reasons for its decision to proceed with the case, leading to the quashing of the charges.

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