D R SALGAONCAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being Aggrieved By The Judgment And Order Dated 12.8.2003 passed by the Additional Sessions Judge, Nanded in Criminal Revision Application No.23/2000, the original accused no.5 preferred this criminal application.

(2.) Brief facts, giving rise to the present Criminal Application are as follows :

(3.) The learned counsel for the applicant submits that, in the nomenclature of the complaint, it is only mentioned that, the present applicant is a Managing Director of M/s Geno Pharmaceuticals Limited. There are no averments in the complaint that, the present applicantoriginal accused no.5 is incharge and responsible to the company for the conduct of the business of the company. The learned counsel submits that, merely because present applicantoriginal accused no.5 is described as Managing Director that by itself is not sufficient to draw a presumption that he is incharge of or responsible to the conduct of the business of the company. The applicantoriginal accused no.5 may have a control over the matter such as policy decision, however, in absence of any averment in the complaint, it cannot be said that the applicantoriginal accused no.5 is also incharge of the production or manufacture of the objectionable drugs.