VidhiSangh

Supreme Court of India · 30/01/2025

M/S JM LABORATORIES AND OTHERS versus STATE OF ANDHRA PRADESH AND ANOTHER

[2025] 1 S.C.R. 1256 · 2025 INSC 127

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Summary

The Supreme Court quashed a Magistrate's summoning order in a complaint under the Drugs and Cosmetics Act, 1940 alleging manufacture of a drug not of standard quality, because the order assigned no reasons at all and did not reflect application of mind. Following its decision of the same date in INOX Air Products and settled precedent, it set aside the High Court's refusal to quash the proceedings.

Issues

  1. Whether a summoning order issued by a Magistrate without recording any reasons, and not reflecting application of mind to the complaint and the material, is sustainable.
  2. Whether the High Court erred in declining to quash the complaint proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Provisions considered

Held

Result

Appeal allowed; High Court's order dated 04.10.2023 set aside; the summoning order dated 19.07.2023 and the proceedings in the complaint case before the Judicial Magistrate, Kurnool quashed.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1256.