High Court · 2025

2. Heard Sri Anurag Vajpeyi, learned counsel for the applicant in leading and connected application and Sri S.K. Singh, learned AGA for the State.

3. A statement has been made by learned AGA that he does not propose to file any affidavit and he is equipped with complete instructions and the application be decided on the basis of the documents available on record. Learned counsel for the applicant also requests that the application be decided at this stage as he also does not propose to file any affidavit. With the consent of the parties, the applications are being decided at this stage.

4. The case of the applicant in leading and connected applications are that a complaint came to be lodged by the opposite party no. 2, Drug Inspector, State of U.P., Varanasi with an allegation that on

09.10.2023 Sub-Inspector, Jagdamba Prasad along with the other officials was patroling in their area and he received information from special informer that nearby Surajkund, the co-accused, Girdhari Yadav had gone inside his house where he is doing business of illegal drugs and the police officers acting on the information proceeded towards him. Thereafter, the special informer pointed towards the co-accused, Girdhari Yadav that he was having two big packets while going inside the room. The police officers chase the applicants herein but they tried to run away but they were grabbed by swift action of the police personnel and when on inquiry was made by police officials, the offences were confessed that they were involved in business of illegal drugs/medicines. Recovery was made of the illegal drugs and an FIR came to be lodged under Sections 8/21/29 of N.D.P.S. Act being FIR No. 066 dated 09.10.2023 against the co-accused Girdhari Yadav. The co-accused Girdhari Yadav confessed that he had purchased illegal drug/medicine for the applicant in the leading application who happens to be the owner of M/s Mahadev Medical Store situate at Sigra, Varanasi. Recovery of three suspicious drugs was made, the samples were drawn and they were sent for testing.

5. Thereafter, post lodging of the complaint the applicant came to be summoned under Section 18/27 of the Drugs and Cosmetics Act by the Chief Judicial Magistrate, Varanasi on 29.06.2024 in Complaint Case No. 46156 of 2024.

6. Questioning the summoning order, the leading application has been filed.

7. As regards the connected application, it has been filed by Girdhari Yadav has also summoned the same summoning order.

8. Learned counsel for the applicant in the leading and connected application has submitted that the summoning order cannot be sustained for a single moment. Elaborating the said submission, it is submitted that though the applicants are innocent and they had at no point of time committed the offences under Section 18/27 of the Drugs and Cosmetics Act but the core and the fundamental issue which goes to the root of the matter is that the summoning order is non speaking unreasned and it does not even recite the case of the complainant. Reliance has been placed upon the judgment in M/s JM Laboratories vs. State of Andhra Pradesh 2025 INSC 127.

9. Learned AGA, on the other hand, submits that from the perusal of the allegations in the complaint and the documents available on record, offences under Section 18/27 of the Drugs and Cosmetics Act are made out but he could not dispute the fact that the summoning order is non speaking unreasoned. He submits that in view of the judgment in M/s JM Laboratories (supra), the summoning order be set aside, matter be remitted back to the court below to pass a fresh order.

10. I have heard the submission so made across the bar and perused the record carefully.

11. The summoning order dated 29.06.2024 passed by the Chief Judicial Magistrate, Varanasi in Complaint Case No. 46156 of 2024 reads as under.- "पररिववाद-प्ቔ मय प्ቔवावलली पपेश हहयली। औषधधि ननिरिली्ቌक, ववारिवाणसली नववपेक ककमवारि धसिሺह दवारिवा नवप्ቌलीगण नगरिधिवारिली यवादव ननिववासली मकवानि निम्बरि- डली. 51/88, ससूरिजककण्ड, थवानिवा लक्सवा, ववारिवाणसली एविሺ भरित ख्ቔली पቚኘपरिवाइटरि फमर मपेससर महवादपेव मपेनडकल स्टቚኘरि महवादपेव मपेनडकल , मकवानि निम्बरि- डली. 58/16-51 बली., अशቚኘक निगरि, महमसूरिगिሺज सቚኘननियवाय, थवानिवा-धसगरिवा, ववारिवाणसली कपे नवरु्ቍ अपरिवाधि अन्तगरत धिवारिवा-17B(b). 18(a) (i), 18(c), 18A/27(b)(ii), 27(c). 27(d). 28 औषधधि एविሺ पसवाधिनि अधधिननियम 1940 कपे तहत पररिववाद सिሺसस्थत नकयवा गयवा हहै। पश्निगत पकरिण मम औषधधि ननिरिली्ቌक, ववारिवाणसली दवारिवा ममौकपे परि अनिकरिन्ቌत निमसूनिवा (मय हस्तवा्ቌरि) एक धलफवाफपे मम रिखकरि रिवाजककीय जनिनवश्लपेषक पयቚኘगशवालवा , उ्ቈरि पदपेश, लखनिऊ कቚኘ जवायच हपेतक पपेनषत नकयवा गयवा हहै तथवा रिवाजककीय जनिनवश्लपेषक पयቚኘगशवालवा, उ्ቈरि पदपेश, लखनिऊ ककी परिली्ቌण ररिपቚኘटर सिሺख्यवा-D/6854-23 नवनिवािሺनकत 09.01.2024 लगवायत ररिपቚኘटर सिሺख्यवा-D/6856-23 नदनिवािሺनकत 28.12.2023 ककी पनत सिሺल्ሿ हहै। सकनिवा तथवा पररिववाद-प्ቔ कवा अवलቚኘकनि नकयवा। नवप्ቌली कपे नवरु्ቍ पसिሺजवानि धलयपे जवानिपे कवा आधिवारि पयवार्቎ हहै। मवामलवा पररिववाद कपे रूप मम दजर करितपे हहए नवप्ቌली कቚኘ तलब नकयवा जवानिवा न्यवायቚኘनचत हहै। आदपेश मवामलवा पररिववाद कपे रूप मम दजर रिधजस्टरि हቚኘ। नवप्ቌली अनभयक्ሹगण नगरिधिवारिली यवादव ननिववासली मकवानि निम्बरि डली. 51/88, ससूरिजककण्ड, थवानिवा लक्सवा, ववारिवाणसली एविሺ भरित ख्ቔली पቚኘपरिवाइटरि फमर मपेससर महवादपेव मपेनडकल स्टቚኘरि महवादपेव मपेनडकल, मकवानि निम्बरि डली. 58/16-51 बली., अशቚኘक निगरि, महमसूरिगिሺज सቚኘननियवाय, थवानिवा-धसगरिवा, ववारिवाणसली कपे नवरु्ቍ धिवारिवा 18/27 अन्तगरत औषधधि एविሺ पसवाधिनि अधधिननियम 1940 कपे तहत पसिሺजवानि धलयवा जवातवा हहै। नवप्ቌली/अनभयक्ሹगण उपरिቚኘ्ሹ धिवारिवाओिሺ मम नवचवारिण हपेतक जररियपे समनि तलब हቚኘ। प्ቔवावलली ववास्तपे हवाधजरिली नदनिवािሺक 26.07.2024 कቚኘ पपेश हቚኘ।"

12. A bare look to the summoning order would reveal that the same is unreasoned non speaking and even does not recite the case of the complainant. There is no prima facie satisfaction recorded by the court below about the attraction of the penal sections. In M/s JM Laboratories (supra), the Hon'ble Apex Court observed as under.- "9. In the present case also, no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non- speaking one. We therefore find that in light of the view taken by us in criminal appeal arising out of SLP (Crl.) No. 2345 of 2024 titled "INOX Air Products Limited Now Known as INOX Air Products Private Limited and Another v. The State of Andhra Pradesh", and the legal position as has been laid down by this Court in a catena of judgments including in the cases of Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and others, Sunil Bharti Mittal Vs. Central Central Bureau of Investigation, Mehmood U Rehman Vs. Khazir Mohammad Tunda and others and Krishna Lal Chawla and others Vs. State of Uttar Pradesh and another, the present appeal deserves to be allowed."

13. Since the summoning order does not test the parameters so envisaged in the judgment of the Hon'ble Apex Court in JM Laboraties, thus this Court has no option but to set aside the summoning order while remitting back to the court below to pass fresh order.

14. According, the applications are being decided in the following terms:- (a) the summoning order dated 29.06.2024 passed by court of learned Chief Judicial Magistrate, Varanasi in Complaint Case No 46156 of 2024 (State of UP Vs. Girdhari Yadav and others), under Sections 18/27 of The Drugs and Cosmetics Act, 1940 in leading and connected applications are set aside; (b) matter stands remitted back to the court below to pass a fresh order strictly in accordance with law; (c) for facilitation and early disposal, the certified copy of the order passed today shall be furnished to the court below by

21.08.2025.

15. With the above observations, the applications stand disposed of. Order Date :- 6.8.2025 Rajesh RAJESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Anurag Vajpeyi, learned counsel for the applicant in leading and connected application and Sri S.K. Singh, learned AGA for the State.

3. A statement has been made by learned AGA that he does not propose to file any affidavit and he is equipped with complete instructions and the application be decided on the basis of the documents available on record. Learned counsel for the applicant also requests that the application be decided at this stage as he also does not propose to file any affidavit. With the consent of the parties, the applications are being decided at this stage.

4. The case of the applicant in leading and connected applications are that a complaint came to be lodged by the opposite party no. 2, Drug Inspector, State of U.P., Varanasi with an allegation that on

09.10.2023 Sub-Inspector, Jagdamba Prasad along with the other officials was patroling in their area and he received information from special informer that nearby Surajkund, the co-accused, Girdhari Yadav had gone inside his house where he is doing business of illegal drugs and the police officers acting on the information proceeded towards him. Thereafter, the special informer pointed towards the co-accused, Girdhari Yadav that he was having two big packets while going inside the room. The police officers chase the applicants herein but they tried to run away but they were grabbed by swift action of the police personnel and when on inquiry was made by police officials, the offences were confessed that they were involved in business of illegal drugs/medicines. Recovery was made of the illegal drugs and an FIR came to be lodged under Sections 8/21/29 of N.D.P.S. Act being FIR No. 066 dated 09.10.2023 against the co-accused Girdhari Yadav. The co-accused Girdhari Yadav confessed that he had purchased illegal drug/medicine for the applicant in the leading application who happens to be the owner of M/s Mahadev Medical Store situate at Sigra, Varanasi. Recovery of three suspicious drugs was made, the samples were drawn and they were sent for testing.

5. Thereafter, post lodging of the complaint the applicant came to be summoned under Section 18/27 of the Drugs and Cosmetics Act by the Chief Judicial Magistrate, Varanasi on 29.06.2024 in Complaint Case No. 46156 of 2024.

6. Questioning the summoning order, the leading application has been filed.

7. As regards the connected application, it has been filed by Girdhari Yadav has also summoned the same summoning order.

8. Learned counsel for the applicant in the leading and connected application has submitted that the summoning order cannot be sustained for a single moment. Elaborating the said submission, it is submitted that though the applicants are innocent and they had at no point of time committed the offences under Section 18/27 of the Drugs and Cosmetics Act but the core and the fundamental issue which goes to the root of the matter is that the summoning order is non speaking unreasned and it does not even recite the case of the complainant. Reliance has been placed upon the judgment in M/s JM Laboratories vs. State of Andhra Pradesh 2025 INSC 127.

9. Learned AGA, on the other hand, submits that from the perusal of the allegations in the complaint and the documents available on record, offences under Section 18/27 of the Drugs and Cosmetics Act are made out but he could not dispute the fact that the summoning order is non speaking unreasoned. He submits that in view of the judgment in M/s JM Laboratories (supra), the summoning order be set aside, matter be remitted back to the court below to pass a fresh order.

10. I have heard the submission so made across the bar and perused the record carefully.

11. The summoning order dated 29.06.2024 passed by the Chief Judicial Magistrate, Varanasi in Complaint Case No. 46156 of 2024 reads as under.- "पररिववाद-प्ቔ मय प्ቔवावलली पपेश हहयली। औषधधि ननिरिली्ቌक, ववारिवाणसली नववपेक ककमवारि धसिሺह दवारिवा नवप्ቌलीगण नगरिधिवारिली यवादव ननिववासली मकवानि निम्बरि- डली. 51/88, ससूरिजककण्ड, थवानिवा लक्सवा, ववारिवाणसली एविሺ भरित ख्ቔली पቚኘपरिवाइटरि फमर मपेससर महवादपेव मपेनडकल स्टቚኘरि महवादपेव मपेनडकल , मकवानि निम्बरि- डली. 58/16-51 बली., अशቚኘक निगरि, महमसूरिगिሺज सቚኘननियवाय, थवानिवा-धसगरिवा, ववारिवाणसली कपे नवरु्ቍ अपरिवाधि अन्तगरत धिवारिवा-17B(b). 18(a) (i), 18(c), 18A/27(b)(ii), 27(c). 27(d). 28 औषधधि एविሺ पसवाधिनि अधधिननियम 1940 कपे तहत पररिववाद सिሺसस्थत नकयवा गयवा हहै। पश्निगत पकरिण मम औषधधि ननिरिली्ቌक, ववारिवाणसली दवारिवा ममौकपे परि अनिकरिन्ቌत निमसूनिवा (मय हस्तवा्ቌरि) एक धलफवाफपे मम रिखकरि रिवाजककीय जनिनवश्लपेषक पयቚኘगशवालवा , उ्ቈरि पदपेश, लखनिऊ कቚኘ जवायच हपेतक पपेनषत नकयवा गयवा हहै तथवा रिवाजककीय जनिनवश्लपेषक पयቚኘगशवालवा, उ्ቈरि पदपेश, लखनिऊ ककी परिली्ቌण ररिपቚኘटर सिሺख्यवा-D/6854-23 नवनिवािሺनकत 09.01.2024 लगवायत ररिपቚኘटर सिሺख्यवा-D/6856-23 नदनिवािሺनकत 28.12.2023 ककी पनत सिሺल्ሿ हहै। सकनिवा तथवा पररिववाद-प्ቔ कवा अवलቚኘकनि नकयवा। नवप्ቌली कपे नवरु्ቍ पसिሺजवानि धलयपे जवानिपे कवा आधिवारि पयवार्቎ हहै। मवामलवा पररिववाद कपे रूप मम दजर करितपे हहए नवप्ቌली कቚኘ तलब नकयवा जवानिवा न्यवायቚኘनचत हहै। आदपेश मवामलवा पररिववाद कपे रूप मम दजर रिधजस्टरि हቚኘ। नवप्ቌली अनभयक्ሹगण नगरिधिवारिली यवादव ननिववासली मकवानि निम्बरि डली. 51/88, ससूरिजककण्ड, थवानिवा लक्सवा, ववारिवाणसली एविሺ भरित ख्ቔली पቚኘपरिवाइटरि फमर मपेससर महवादपेव मपेनडकल स्टቚኘरि महवादपेव मपेनडकल, मकवानि निम्बरि डली. 58/16-51 बली., अशቚኘक निगरि, महमसूरिगिሺज सቚኘननियवाय, थवानिवा-धसगरिवा, ववारिवाणसली कपे नवरु्ቍ धिवारिवा 18/27 अन्तगरत औषधधि एविሺ पसवाधिनि अधधिननियम 1940 कपे तहत पसिሺजवानि धलयवा जवातवा हहै। नवप्ቌली/अनभयक्ሹगण उपरिቚኘ्ሹ धिवारिवाओिሺ मम नवचवारिण हपेतक जररियपे समनि तलब हቚኘ। प्ቔवावलली ववास्तपे हवाधजरिली नदनिवािሺक 26.07.2024 कቚኘ पपेश हቚኘ।"

12. A bare look to the summoning order would reveal that the same is unreasoned non speaking and even does not recite the case of the complainant. There is no prima facie satisfaction recorded by the court below about the attraction of the penal sections. In M/s JM Laboratories (supra), the Hon'ble Apex Court observed as under.- "9. In the present case also, no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non- speaking one. We therefore find that in light of the view taken by us in criminal appeal arising out of SLP (Crl.) No. 2345 of 2024 titled "INOX Air Products Limited Now Known as INOX Air Products Private Limited and Another v. The State of Andhra Pradesh", and the legal position as has been laid down by this Court in a catena of judgments including in the cases of Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and others, Sunil Bharti Mittal Vs. Central Central Bureau of Investigation, Mehmood U Rehman Vs. Khazir Mohammad Tunda and others and Krishna Lal Chawla and others Vs. State of Uttar Pradesh and another, the present appeal deserves to be allowed."

13. Since the summoning order does not test the parameters so envisaged in the judgment of the Hon'ble Apex Court in JM Laboraties, thus this Court has no option but to set aside the summoning order while remitting back to the court below to pass fresh order.

14. According, the applications are being decided in the following terms:- (a) the summoning order dated 29.06.2024 passed by court of learned Chief Judicial Magistrate, Varanasi in Complaint Case No 46156 of 2024 (State of UP Vs. Girdhari Yadav and others), under Sections 18/27 of The Drugs and Cosmetics Act, 1940 in leading and connected applications are set aside; (b) matter stands remitted back to the court below to pass a fresh order strictly in accordance with law; (c) for facilitation and early disposal, the certified copy of the order passed today shall be furnished to the court below by

21.08.2025.

15. With the above observations, the applications stand disposed of. Order Date :- 6.8.2025 Rajesh RAJESH KUMAR High Court of Judicature at Allahabad