Neutral Citation No. - 2025:AHC:72648 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2010 of 2025 Applicant :- Surendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant, Shri S.K. Singh, learned AGA for the State. 2. This Court on 25.04.2025, required the AGA to seek instructions. Learned AGA has produced the instructions under the signature of Drug Inspector, Rampur dated 05.05.2025 and he has made a statement that instructions are self-sufficient and he does not propose to file any affidavit, thus, with the consent of the parties, the application is being decided at the fresh stage. 3. The case of the applicant is that the Drug Inspector, Rampur conducted a routine inspection in the premises of the applicant wherein several alleged violations were found pursuant whereto a complaint stood lodged on 20.06.2022 before the Chief Judicial Magistrate, Rampur under Section 18-C, 18-A read with Section 27B(ii) and Section 28 of the Drugs and Cosmetics Act, 1940. Thereafter a summoning order stood issued on 26.07.2022 summoning the applicants. 4. Questioning the summoning order, the applicant has been filed the present application. 5. Learned counsel for the applicant has submitted that the summoning order cannot be sustained even for a single moment, particularly, in view of the fact that the same is cryptic, non- speaking and unreasoned and he does not recite the case of the complainant. He seeks to rely upon the the judgment in the case of M/s. JM Laboratories vs State of Andhra Pradesh 2025 INSC 127. However, he submits that the summoning order be set aside and the matter be remitted back to Court below to pass fresh orders. 6. Learned AGA submits that as per the allegations contained in the complaint, there happens to be prima facie offences committed by the applicant, however, according to him, the order in question does not even recite the case of the complainant. He submits that the summoning order be set aside and the matter be remitted back to Court below to pass fresh orders. 7. I have heard learned counsel for the parties and gone through the records carefully. 8. Apparently, an inspection took place by the Drug Inspector, Rampur in the premises of the applicant, wherein certain irregularities stood noticed, a complaint was lodged by the opposite party, pursuant whereto the applicant has been summoned. For ready reference, the summoning order dated 26.07.2022 is quoted hereinunder: " आज औषधध ननररकक ररमपपर अतररत धररर 18C, 18A, 27b(ii), 28 औषधध एवअ पशधरन अधधननयम मम सपरमद कप मरर कक नवरद पररवरद पत पसतपत नकयर रयर। अवललनकत। दजर रधजसटर हल सममन नदनरअक 16/08/2022 कक धलए जररर हल।" 9. A perusal of the summoning order dated 26.07.2022 passed by the Chief Judicial Magistrate, Rampur would show that the same is cryptic non-speaking and even does not recite the case of the complainant less to say regarding the prima facie satisfaction or application of the provisions of the Act. 10. Looking into facts and circumstances of the case and the fitness of the matter, the summoning order dated 26.07.2022 is set aside. 11. The matter stands remitted back to pass fresh order strictly in accordance with law. 12. For facilitating early disposal, the party shall furnish the certified copy of the order before the court below by 16.05.2025 and the court below shall proceed to decide the said proceeding with most expedition. 13. Needless to point out that the Court has not adjudicated upon the merits of the case. 14. Accordingly, the application stands disposed of. 15. Instructions have been filed today is taken on record and marked as Appendix-A. Order Date :- 6.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad