VIKAS RAMBAL Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed under Sec. 482 of Cr.P.C to quash the criminal complaint in C.C.No.198 of 2019 on the file of the Learned Chief Judicial Magistrate, Tiruppur.

(2.) The petitioners are accused in the complaint filed by the Drugs Inspector, Udumalpet, alleging that, they are the Directors of the Company by name Sunrise International Labs Ltd., manufacturer of Drugs by name Carbimazole Tablets. During the surprise inspection of the drug supplied to the medical store, Government Hospital, Tiruppur, it was found on analysis that the drugs are not of standard quality. Hence, after conducting enquiry and affording opportunity to the Company, prosecution has been launched against the said Company and its Directors.

(3.) The petition to quash the complaint is filed on the ground that the 1st accused Company is run by the 4th accused Manoj Kumar, who is the Director and responsible for the day-to-day affairs of the Company. The rest of the Directors, who are the petitioners herein are not directly involved in the affairs of the Company. In fact, they are residing elsewhere particularly, A5 is the resident of New Delhi, A2 and A3 are permanent resident of Australia. It is further contended that the show cause notice dtd. 4/10/2018 sent to the A1 Company, a detailed response was sent by A4 on 13/11/2018, through registered post. However, in the complaint, it is stated that, no proper reply to the show cause notice sent. This itself would clearly indicate the malafide intention of the complainant and prosecute the 1st accused company and its Directors, who were not even connected with the day-to-day affairs of the Company.