VENKATESHWARAN NARAYANAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS, who are Directors of M/s. Glaxo India Co. Ltd. , have filed this petition under Section 482 of Cr. PC seeking quashment of criminal prosecution against them of Criminal Case No. 867/99 pending before the Chief Judicial Magistrate, Raisen, under Section 18 (A) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act' ).

(2.) THE main contention advanced by the learned Counsel appearing for the petitioners is that the petitioners, i. e. , accused No. 10 Mr. V. Narayanan, Accused No. 11 Mr. P. V. Nayak and Accused No. 12 Mr. D. S. Parekh have been impleaded in the complaint as accused merely on the ground of their being Directors of the Company without making any averment against them, as such the Court below has erred in taking cognizance against them.

(3.) IN short, the facts of the case are that on 30-3-1996 the Drug Inspector of District, Raisen purchased 200 Betnasol tablets from M/s. Raj Medical Stores, Obedullaganj, for regular examination. After following due procedure he sent one part of the drugs sample to Govt. Analyst, Bhopal for analysis alongwith Form No. 18. Govt. Analyst, as per his report dated 25-1-1997, found the aforesaid Betnasol tablets not of standard quality. On inquiry, M/s. Raj Medical Stores informed that the aforesaid Betnasol tablets were purchased by them from M/s. Prakash Medical Stores, Bhopal. The original and photostat copy of the bills were produced. M/s. Prakash Medical Stores disclosed that the said drug was purchased by them from Glaxo India Ltd. According to complainant, since the petitioners were Directors of M/s. Glaxo India Ltd. , they were responsible for manufacture and sale of the aforesaid Betnasol tablets of Batch No. MB-825 and were liable to be punished for the offence under Section 18 (a) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940.