HARSHILA LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under S. 482, Cr. P.C. has been filed on behalf of petitioners namely Smt. Harshila Lodha and Smt. Vimla Lodha against the order dated 18-3-1996 taking cognizance of the offences under Ss. 27(B), 27(D), and 28(A) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act") against the petitioners and against the order dated 12-8-1999 rejecting the application under S. 34 of the Act passed by the learned Chief Judicial Magistrate, Udaipur in criminal case No. 23/96.

(2.) Briefly stated, the relevant facts are that the Drug Inspector, Udaipur filed a complaint before the learned Chief Judicial Magistrate, Udaipur on 2-3-1996 alleging inter alia therein that M/s. Udaipur Surgicals, Udaipur is a partnership firm and Shailendra Lodha, Smt. Harshila Lodha, Smt. Vimla Lodha and Shri Raj Lodha are its partners. The said firm is doing the business of medicines for the last two years in contravention of the provisions of the said Act. Learned Chief udicial Magistrate. Udaipur took cognizance for the aforesaid offences on 18-3-1996 and summoned the accused persons including the present petitioners. The present petitioners filed an application under S. 34 of the Act before the learned Court below on the ground that they being the sleeping partners of the firm are not directly responsible for the conduct of the business of the firm and, therefore, they cannot be proceeded with in view of the provisions of S. 34 of the Act. So, the proceedings against them may be dropped but the learned Chief Judicial Magistrate, Udaipur by his impugned order dated 12-8-1999 disallowed the application. Hence, this petition.

(3.) I have heard the learned counsel for the petitioner and learned Public Prosecutor on behalf of State and have perused the entire record as also the authorities cited at the Bar.