Authority: Supreme Court of India, Criminal Appellate Jurisdiction

Order Date: 11 August 2026

Case Overview

  • Parties: Appellants Gaurav Airen & others (directors of IVES Drugs (India) Private Limited) vs. State of Madhya Pradesh.
  • Background: The directors filed a petition under Section 482 of the CrPC challenging the order dated 21 August 2023 of the Chief Judicial Magistrate, Morena, which took cognizance of alleged offences under Sections 18(a)(1) and 27(d) of the Drugs and Cosmetics Act, 1940 for a batch (No.10311) of Sodium Lactate Injection that was found sub‑standard by the Central Drug Testing Laboratory, Calcutta.
  • Key Contentions: (i) The company was not impleaded as a party, rendering the complaint allegedly non‑maintainable; (ii) The test report was sent after 107 days, breaching the 60‑day limit under Rule 45 of the Drugs and Cosmetics Rules, 1945; (iii) The complaint lacked necessary averments to attract Sections 18 and 27 of the 1940 Act.
  • High Court Proceedings: The High Court dismissed the petition on 16 December 2025, directing the trial court to join the company post‑cognizance but without addressing the timeline violation or analysing the adequacy of averments.
  • Supreme Court Observation: The Court noted the High Court failed to consider two of the three principal contentions—non‑impleadment of the company and the delayed test‑report timeline—and did not apply precedents to the factual matrix.

Final Outcome

  • The Supreme Court set aside the High Court order dated 16 December 2025.
  • Miscellaneous Criminal Case No.49589 of 2024 is restored to the file of the Madhya Pradesh High Court, Bench at Gwalior for fresh consideration in accordance with law.
  • The stay order dated 2 February 2026 on proceedings in Case No.1717 of 2023 before the Chief Judicial Magistrate, Morena, is continued for four weeks from the date of this order.
  • The appellants may approach the High Court for further interim relief.
  • The Court directed the High Court to endeavour to dispose of the matter expeditiously.

Topics: Legal Procedure, Drug Regulation