October 29, 2025

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Allahabad HC Flags Procedural Flaws, Quashes Drugs Case Summons Against Pharma Firm

New Delhi: The Allahabad High Court has quashed the summoning order issued against Associated Biotech and its directors in a drugs (Amoxycillin) quality case, holding that the trial court failed to comply with statutory safeguards and passed a "cryptic and unreasoned" order. The judgment was delivered by Justice Vikas Budhwar, who examined whether the Special Judge (Drugs and Cosmetics), Aligarh, had adhered to the requirements of the Drugs and Cosmetics Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, while summoning the accused. The case stemmed from an inspection carried out at Vimla Medical Store, Aligarh on August 23, 2023. A sample of Amoxycillin was drawn and later tested by the Government Analyst, Lucknow, who reported on October 13, 2023, that the drug did not conform to standards of the Indian Pharmacopoeia. Subsequent inquiry revealed that the medicines had been supplied through M/s Somkee India Pvt. Ltd., which had procured them from M/s Associated Biotech. A complaint was filed on September 23, 2024, and on November 15, 2024, the Special Judge summoned the company and its directors under Sections 18 and 27 of the Drugs and Cosmetics Act. Challenging the summoning order, the applicants contended that: The Additional Government Advocate, Sri Pankaj Srivastava, argued that prima facie offenses were indeed disclosed from the complaint. However, he conceded that the summoning order did not pass the test of legality as laid down by the Supreme Court and therefore should be set aside and the matter remitted back for fresh consideration. The High Court found that the summoning order of November 15, 2024: Final Ruling: Quashing the order, Justice Budhwar ruled; To view the official judgement, click the link below:

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