THOMAS THOMAS Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has filed this application under section 482 CrPC for quashment of the Criminal Case No. 649/97 pending before CJM, Kargone against the applicant for the offence under section 18 (a) (i), (vi) and (iii) punishable under section 27 (d) of the Drugs and Cosmetic Act (hereinafter referred to as "D & C Act").

(2.) BRIEFLY stated the facts of the case are, the applicant is shown to be the Chairman of the concerning drugs manufacturing company named as "MA. Glaxo India Limited, Mumbai". The Drug Inspector had taken certain samples from one Adarsh Medical Agency, Khargone, which are alleged to be manufactured by Glaxo India Co. Ltd., and sent the sample of the concerning drugs for its examination by the Government Laboratory from where the report is received wherein the concerning drug is not found to be of standard specified in the Act. Thereafter, a complaint has been filed by the Drug Inspector against Glaxo India Ltd. involving all the Directors of the company in the concerning criminal case, which is registered before CJM, Khargone. The learned CJM registered the case and has taken cognizance against the applicant also and issued orders for issuance of the notice to the applicant. Aggrieved by which the applicant has filed this petition under section 482 CrPC for quashment of the proceedings concerned to the extent of the applicant.

(3.) IT is submitted by learned counsel for the applicant that as a Chairman of the drug manufacturing company, the applicant cannot be prosecuted for the violation of any of the provisions of D & C Act because he is not involved in the day-to-day business of the company concerned whereas the Managing Director of the company, who is involved in the day-to-day affairs of the company V. Thiyagrajan (accused No. 3). Therefore, the prosecution of the applicant as a Chairman of the company is illegal and erroneous. The proceedings against other Directors of the company namely P.V. Nayak and D.S. Parekh have also been quashed by this Court as per order dated 13.12.2006 passed in Misc. Cri. Case No. 4550/2005. Similarly, in Misc. Cri. Case. No. 1154/08 the proceedings initiated by the Drug Inspector against co-accused J.D. Coombe, C.N. Hawarth, A.J. Mehew and A.T.H. Wong have also been quashed by this Court vide order dated 17.9.2008. Similarly, the proceedings against the other co-accused Kishan Gopal Vassal, Sharad Chandra Marathe, Venkateshwaran Narayan and H.R. Khusaro Khan have also been quashed by this Court in Misc. Cri. Case No. 1487/08 by order dated 17.9.2008 and on the same footing, prayed for quashment of the concerning proceedings initiated against the applicant by the Drug Inspector.