IMPORTANT POINT
Summoning of accused in a criminal case is a serious matter – Criminal law cannot be set into motion as a matter of course.

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 Batch No. BT170059F / Manufacture Date – November 2017 / Expiration Date – April 2019, which was manufactured by Appellant No. 1, for analysis. It is further alleged that on the same day by a memorandum, the complainant sent one sealed portion of the drug sample to the Government Analyst, Drugs Control Laboratory, Vijayawada along with Form-18 through registered post. It is further alleged that subsequently on 15th December, 2018, the complainant received Analytical Report in Form-13 from the Government Analyst declaring the drug sample as “Not of Standard Quality” as defined in the DC Act and rules thereunder for the reason that the sample failed in Dissolution Test for Amoxycillin and Clavulanic Acid. It is, therefore, alleged that the appellants herein have violated Section 18(a)(i) read with Section 16 of the DC Act by manufacturing, selling and distributing “Not of Standard Quality” drugs and ought to be punished for offence punishable under Section 27(d) of DC Act.

3.3. Pursuant to the complaint, the trial court by an order dated 19th July, 2023 summoned the appellants herein and directed them to appear before it on 10th August, 2023.

3.4. Aggrieved thereby, the appellants herein filed a petition under Section 482 of CrPC inter-alia praying that the High Court quash criminal proceedings against them arising out of C.C. No. 1051 of 2023 on the file of the trial court.

3.5. Vide impugned judgment and final order, the learned Single Judge of the High Court dismissed the Criminal Petition. Aggrieved thereby, the present appeal by way of special leave.

4. We have heard Shri H.P.S. Sandhu, learned counsel appearing on behalf of the appellants and Smt. Prerna Singh, learned counsel appearing on behalf of the respondents.

5. Several submissions have been made on behalf of the appellants. It is contended by the appellants that there are violations of various statutory provisions. It is also contended that the case is barred by limitation in view of the provisions contained in Section 468 (2) of the Cr.P.C. It is submitted that the Analytical Report in respect of which the violation is alleged is dated 15th December 2018 whereas the complaint is filed in May 2023. It is submitted that it is filed beyond a period of three years and hence, the same would not be tenable. It is also submitted that there is also non-compliance of the provisions of Section 202 of Cr.P.C.

6. However, we do not find it necessary to consider the submissions made by the appellants on various grounds inasmuch as the present appeal is liable to be allowed on the short ground that the learned Magistrate has issued the process without assigning any reasons.

7. It will be relevant to refer to the summoning order which reads thus:

“Whereas your attendance is necessary to give evidence in a char