NARENDAR KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition, filed under section 482 of the Code of Criminal Procedure, is directed against the registration and cognizance of the case against the applicants as partners of the partnership firm M/s Prem Pharmaceuticals, Indore by the Chief Judicial Magistrare, Indore, in Criminal case No. 4391/86. Briefly stated the facts of the case are that the applicants claimed to be the partners of the partnership firm bearing the aforesaid name. This firm carried on the business of manufacturing drugs at Palda, Indore. The applicants submitted that they do not participate in the manufacturing of the drugs and are not conversant with the niceties and the activities associated with this business.

(2.) ACCORDING to them, this is done by the technical staff which should have at least one person holding the qualification as prescribed under the Rule 76 of the Drugs and Cosmetics Rules, 1945. According to the applicants, the entire work was done under the guidance and active supervision of such a person that it is only this person who is responsible for the lapses, if any. The Drug Inspector has launched the case even against the present applicants on the linchpin that the applicants are the partners of the aforesaid firm. The case was registered and the cognizance was taken. Aggrieved by this, the applicants have filed the aforesaid petition. I have heard Miss Rashmika Vaidya, learned counsel for the applicants and Shri G. Desai learned Dy. Govt. Advocate for the State. It is not disputed before me that no such prayer was made before the Trial Court and as such the Trial Court had no occasion to consider the objection raised in the petition here. 3. It cannot be disputed that the order issuing the process is of interminature and is liable to be recalled or dropped by the Magistrate concerned once reasonable grounds are shown by the persons against whom such process has been issued.

(3.) The applicants may also move an application for exemption from personal appearance in the Court below and for permission of being represented through duly appointed counsel in the trial Court. On such an application being filed, it shall be considered sympathetically on its own merits till decision of such as application, the trial Court shall not insist on personal appearance of the applicants.