DINESH B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal challenges the order of the High Court whereby the petition under Section 482 Cr.P.C. filed by the company and its directors (appellants herein) was dismissed by the High Court. The High Court took the view that the directors are responsible for the affairs of the company and, therefore, when a drug manufactured by the company was found to be defective, all the directors could be prosecuted. The High Court, however, left it to the concerned parties to prove before the Trial Court that they were not in any way responsible for the manufacture process. The High Court proceeded on the basis of specific language of Section 34(2) of the Drugs & Cosmetics Act, 1940 (for short "the Act") and proceeded to hold that the complaint filed against the directors could not be disposed of under Section 482 Cr.P.C. as it required appreciation of the facts on the basis of the evidence to be led before the Trial Court.

(3.) When the matter came up before this Court, the Special Leave Petition filed on behalf of the company and Managing Director - Himanshu C. Patel was dismissed. However, notice was issued in case of the remaining appellants No. 3 to 7.