MUKESH BHAGUBHAI PATEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case is filed by accused Nos.3, 5 and 6 in C.C.No.582/2011 on the file of the Judicial First Class Magistrate Court, Karunagappally to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

(2.) It is alleged in the petition that, the petitioners are arrayed as accused Nos. 3, 5 and 6 in C.C.No.582/2011 pending before the Judicial First Class Magistrate Court, Karunagappally. The said case was taken on file, on the basis of Annexure-1 private complaint filed by the 2nd respondent under Section 32 of the Drugs and Cosmetics Act, 1940, against six accused persons including the present petitioners, alleging violation of Section 18(a) (1) of Drugs and Cosmetics Act. Annexure-3 and 4 would reveal that, 2nd accused is the working partner and he is the person responsible for the day to day conduct of the business of the first accused firm. The petitioners are only sleeping partners and they have nothing to do with the day to day conduct of the business. There is no averment in the complaint even prima-facie to come to the conclusion that, they have got anything to do with the day to day business. In order to make the partners liable, it must be pleaded in the complaint that they are also equally responsible for the day to day conduct of business. In the absence of such allegation in the complaint, the case against them is not maintainable and the same is liable to be quashed, in view of the dictum laid down in several decisions of the apex court. So, they filed this application seeking the following relief:

(3.) Heard the learned counsel for the petitioner and learned Public Prosecutor. Learned Public Prosecutor filed a detailed statement as well.