In Brief
M/s JM Laboratories was accused of manufacturing substandard drugs in violation of the Drugs and Cosmetics Act, 1940. A Magistrate issued a summoning order directing the company and its partners to appear in court, but the order contained no reasons and did not demonstrate that the Magistrate had applied his mind to the case. The Supreme Court held that a summoning order must reflect judicial application of mind and the formation of an opinion that sufficient grounds for proceeding exist. A wholly non-speaking order that assigns no reasons is invalid. The Court quashed both the summoning order and the High Court's judgment dismissing the petition to quash proceedings, allowing the appeal."
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