AMRITA H. PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant misc. petition has been filed on behalf of the petitioners seeking quashing of the proceedings going on against them in the court of learned Chief Judicial Magistrate, Bikaner for the offences under Sections 18(A)(i), 18(A)(iv), 16(1)(a) read with Sections 17A(c), 17A(e), 17B(d), Sections 27(b)(i), 27(c) and 27(d) of the Drugs and Cosmetics Act, 1940.

(2.) BRIEFLY stated the facts necessary for the disposal of this misc. petition are that the petitioners are the non Executive Chairman, the Managing Director and Director respectively of a company named Indian Immunologicals Limited. The company is said to be a subsidiary of the National Dairy Development Board established under the National Dairy Development Board Act, 1987. The company was involved in the manufacturing of drugs, vaccines and animal health products being used by the dairy farmers. The Drug Inspector, Bikaner is said to have taken a sample of a sheep pox vaccine from the premises of a shop named M/s Sona Medicos, Bikaner on 22.12.2004. On analysis from the Government Analyst, IVRI, it is said that the said vaccine was found to sub-standard as per the report of the Analyst, IVRI dated 19.09.2005.

(3.) THE instant misc. petition has been filed seeking quashing of the proceedings of the complaint qua the petitioners. The grounds as averred in the misc. petition are that there are no averments or allegations in the complaint that the petitioners herein were responsible for the day to day affairs of the company and thus in the absence of any such averments and allegations, the prosecution of the Directors or the partners of the firm is impermissible.