RAM PRAKASH GULATI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused Nos. 2 and 5 in C.C.No.691 of 2011 on the files of the Judicial Magistrate of 1st Class I, Kannur. The said case has originated on the basis of a complaint filed by the 2nd respondent herein alleging commission of offence punishable under Section 32 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as Act, 1940). Offense alleged are under Section 18 (a)(i) read with Section 27 (d) of the Act.

(2.) Annexure A complaint would reveal that on 22.5.2009, the Drugs Inspector, Intelligence Branch, Kannur drew samples of drug 'Betamethasone Valerate Cream 5 gms' manufactured by the 1st accused from the District Drug Warehouse Kakkad road, Kannur. The said drug was forwarded to the Government Analyst, Drug Testing Laboratory, Thiruvananthapuram and after analysis it was declared as "Not of standard quality". It was revealed on enquiry that the drug was purchased from the 1st accused by the Kerala Medical Services Corporation Ltd as per invoice dated 3.9.2008.

(3.) Immediately thereafter, communication was issued by the 2nd respondent seeking details of the persons in-charge of the day-to-day business of the 1st accused company. Since no reply was received, details were sought for from the Drugs Controller, Thiruvananthapuram. The Memorandum of Article and Association of the accused Company was obtained from the Drugs Controller which revealed that the accused Nos. 2, 3, 4 and 5 were the persons responsible for the day-to-day conduct of the business. Consequently Annexure A complaint was filed before the learned Magistrate arraying those persons as the accused.