HASMUKH K. CHUDGAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Additional Advocate General, of for the respondent/State Cr.MMO No.69 of 2026 rt At the request of learned Additional Advocate General, the case is listed for final consideration on 13/3/2026.

(2.) It is submitted by the learned Senior counsel appearing for the applicant that the present petitioner has been ordered to be impleaded as party respondent in the present petition after elapse of more than seven years. He further submits that the provisions of Sec. 34 of the Drugs and Cosmetics Act stipulate that to prosecute any employee/Director/Patner of the Company, it is a requirement to array company as a accused in the complaint, then only its employee/directors/partners can be prosecuted, which reads as under;

(3.) Since, the applicant has made out a prima facie case, therefore, till the next date of hearing, further proceedings in the case titled "State vs. MIS Care Group" bearing complaint No.841/2018 pending in the Court of learned ACJM, Court No.1 Kangra are stayed qua the petitioner.