Smt. Shavnam Nihar Partner M/S Ahad Medicose vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt. Shavnam Nihar Partner M/S Ahad Medicose vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 01.09.2022 (issuing non-bailable warrant) set aside; matter remanded to the trial court (Additional Session Judge 12/ Special Judge N.D.P.S. Act, Bareilly) for decision afresh on the question of summoning of the applicant in accordance with law.

Issue for consideration

Whether the entire criminal proceeding and the summoning order dated 01.09.2022 in the Drugs & Cosmetics Act complaint (Complaint Case No.628 of 2020 / Present Case No.101/2021) should be quashed. +1 more

Court's answer

Although the application sought quashing of the entire criminal proceeding, the court's allowance operated on the impugned non-bailable-warrant order alone, leaving the proceeding to continue with a fresh summoning decision by the trial court.

Ratio / Principle

The impugned order dated 01.09.2022 issuing a non-bailable warrant in Complaint Case No.628 of 2020 / Present Case No.101/2021 is set aside.

Key takeaways

The matter is remanded to the trial court for decision afresh on the question of summoning of the applicant in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Appln. u/s 528 BNSS No. 24780 of 2025, High Court of Judicature at Allahabad (Vikram D. Chauhan, J.; decided December 2, 2025): Smt. Shavnam Nihar, partner of M/s Ahad Medicose, sought quashing of the entire criminal proceeding and the summoning order dated 01.09.2022 arising from Complaint Case No.628 of 2020 / Present Case No.101/2021 (State of U.P. through Drug Inspector v. Shavnam Nihar & others), under Section 18 (a)(i) 27 A, The Drugs & Cosmetic Act, P.S. Kotwali, District Bareilly, pending before Additional Session Judge 12/ Special Judge NDPS Act, Bareilly. Counsel submitted that no summoning order had been issued against the applicant and a non-bailable warrant was issued directly although the matter stood fixed for argument on the question of summons; the learned AGA did not dispute this. The High Court set aside the impugned order dated 01.09.2022 (issuing the non-bailable warrant) and remanded the matter to the trial court for decision afresh on the question of summoning of the applicant in accordance with law, allowing the application under Section 528 BNSS.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24780 of 2025

Smt. Shavnam Nihar Partner M/S Ahad Medicose

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Anuj Bajpai
Counsel for Opposite Party(s)		: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for applicant and learned AGA for the State.

The application has been filed for quashing the entire criminal proceeding as well as summoning order dated 01.09.2022 in Complaint Case No.628 of 2020 Present Case No.101/2021 (State of U.P. through Drug Inspector Vs. Shavnam Nihar & others), under Section 18 (a)(i) 27 A The Drugs & Cosmetic Act, Police Station Kotwali, District- Bareilly pending in the court of learned Additional Session Judge 12/ Special Judge N.D.P.S. Act, Bareilly.

It is submitted by learned counsel for applicant that proceeding under Drugs and Cosmetics Act a complaint was filed. In the present case, no summoning order has been issued against applicant and directly non bailable warrant has been issued. Learned counsel for applicant submits that unless there is summoning order passed by the court concerned, non bailable warrant could not have been issued as the matter was fixed for argument on the question of summons.

Learned AGA is not disputed the aforesaid fact.

In view of argument of learned counsel for the parties, the impugned order dated 01.09.2022 (issuing non bailable warrant) in Complaint Case No.628 of 2020 Present Case No.101/2021 (State of U.P. through Drug Inspector Vs. Shavnam Nihar & others), under Section 18 (a)(i) 27 A The Drugs & Cosmetic Act, is set aside and the matter is remanded back to the

NA528 No. 24780 of 2025

2

trial court for decision afresh on the question of summoning of applicant in accordance with law.

Accordingly, the application under Section 528 BNSS is allowed.

(Vikram D. Chauhan,J.)

December 2, 2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad