VidhiSangh

Supreme Court of India · 30/01/2025

INOX AIR PRODUCTS LIMITED NOW KNOWN AS INOX AIR PRODUCTS PRIVATE LIMITED AND ANOTHER versus THE STATE OF ANDHRA PRADESH

[2025] 1 S.C.R. 1235 · 2025 INSC 128

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Summary

The Supreme Court quashed a Drugs and Cosmetics Act prosecution against a medical-gas company and its Managing Director for selling Nitrous Oxide I.P. in bulk to a firm that held a Form 25 manufacturing licence but no Form 20B wholesale licence. Given the wide definition of 'manufacture' in Section 3(f), a Form 25 licensee may break up, repack and sell the drug by wholesale, so no offence under Section 18(a)(vi) read with Section 27(d) was made out; the Magistrate's summoning order was also bad for want of any reasons.

Issues

  1. Whether sale of a drug by a licensed manufacturer to another firm holding a Form 25 manufacturing licence, but not a Form 20B wholesale licence, contravenes Section 18(a)(vi) of the Drugs and Cosmetics Act, 1940 read with Rule 65(5)(1)(b) of the Drugs and Cosmetics Rules, 1945, punishable under Section 27(d).
  2. Whether the condition that a Form 25 licence is 'subject to' the conditions applicable to a licence for sale made out an offence without any shown violation of a Form 20B condition.
  3. Whether a summoning order recording only the complainant's submissions, without reasons, is sustainable.

Provisions considered

Held

Result

Appeal allowed; High Court's order dated 12.01.2024 in Criminal Petition No. 4148 of 2018 set aside; summoning order dated 20.01.2018 and the proceedings in C.C. No. 71 of 2018 before the Judicial Magistrate, Kadapa quashed.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1235.