Supreme Court reiterates: Magistrate's summoning order must reflect reasons

The Supreme Court in the case M/S. JM Laboratories And Others Versus State Of Andhra Pradesh And Another observed and has quashed a non-speaking summoning order issued by a Judicial Magistrate against a drug manufacturer, wherein reiterating that a summoning order cannot be issued without recording valid reasons.

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The bench comprising of Justice BR Gavai and Justice AG Masih was hearing the present matter.

The bench in the case was hearing an appeal filed by drug manufacturers assailing the correctness of the decision of Andhra Pradesh High Court, wherein the court refused to quash the summoning order issued against them in connection with the case registered under the Drugs and Cosmetics Act, 1940, hereinafter, 'DC Act' after a declaration by the government analyst that one of their drug samples namely MOXIGOLD-CV 625 was 'Not of Standard Quality'.

The appellant argued before the court that a non-speaking summoning order cannot be issued against them and that the summons should reflect a judicial application of mind, along with the recording of compelling reasons for issuing it.

The judgement authored by Justice Gavai, while setting aside the decision of High Court held the summoning order issued against the Appellants to be invalid due to the magistrate's failure to record reasons before issuing the summons.