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B. R. GAVAI, AUGUSTINE GEORGE MASIH
JM Laboratories – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
(B.R. Gavai, J.)
1. Leave granted.
2. The present appeal challenges the judgment and final order dated 4th October, 2023 passed by a learned Single Judge of the High Court of Andhra Pradesh at Amravati in Criminal Petition No. 5766 of 2023, whereby the petition filed by the appellants herein under Section 482 of Code of Criminal Procedure, 1973 (hereinafter, “CrPC”) to quash the proceedings in C.C. No. 1051 of 2023 on the file of learned Judicial Magistrate of First Class, Kurnool (hereinafter, “trial court”) came to be dismissed.
3. The facts, in brief, giving rise to the present appeal are as given below.
3.1. On 29th May, 2019 the Drugs Inspector, Kurnool Urban, Kurnool District (Respondent No. 2) filed a complaint being C.C. No. 1051 of 2023 in the Court of First Class Judicial Magistrate, Kurnool under Section 32 of the Drugs and Cosmetics Act, 1940 (hereinafter, “DC Act”) against M/s. J.M. Laboratories (Appellant No. 1), its Managing Partner (Appellant No. 2) and three silent partners (Appellant Nos. 3, 4 & 5).
3.2. It is alleged that on 7th September, 2018, the complainant picked up sample of drug MOXIGOLD-CV 625 (Amoxycillin & Potassium Clavunate Tablets IP) bearing
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The Magistrate must provide a reasoned order reflecting application of mind when summoning accused, ensuring sufficient grounds exist for proceeding with the case.
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A cognizance order must provide sufficient reasoning to establish a prima facie case; failure to do so renders the order invalid.
A Magistrate must provide adequate reasoning in a cognizance order to demonstrate a prima facie case; failure to do so invalidates the order.
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The court affirmed that lack of application of mind in issuing process and violation of statutory rights under Section 25(4) of the Drugs and Cosmetics Act invalidates the proceedings against the acc....
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