ROHAN POULENC INDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) May & Baker (India) Ltd., a reputed manufacture of Drugs, was incorporated under the Indian Companies Act in the year 1928. By virtue of Resolution passed in the Annual General Meeting of Company on 20-8-1989, the name of the Company was changed from May & Baker (India) Ltd. to RHONE-POULENC (INDIA) LTD. This quashing application has been filed by RHONE-POULENC (INDIA) LTD., its Depot Administrative Officer, Manufacturing Director, Marketing Director, Distribution Manager and Sales Manager. This petition has been filed with the object of setting aside the order of cognizance dated 27-10-1990 in Complaint Case No. 870 (M) 90 under Section 27 (A), (B) (ii) (c) of the Drugs and Cosmetics Act, 1940 on the basis of the complaint filed by the Inspector of Drugs, Patna (West). The complaint petition was filed on 22-10-1990 before the Chief Judicial Magistrate, Patna alleging, inter alia, as follows:-

(2.) The principal allegation against the petitioners in the complaint petition is that the company was not in existence in December, 1989 but got engaged in manufacturing, distributing and selling of drugs which comes within the mischief of Section 17-B of the Drugs and Cosmetic Act, 1940 which is punishable under Section 27 A of the Act.

(3.) Section 17-B of the Drugs and Cosmetics Act says that for the purposes of this Chapter, a drug shall be deemed to be spurious-