Back
K. SURESH REDDY
Aditya Bhatia – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Since similar issue is involved in both these criminal petitions filed under Sec. 482 Cr.P.C., they were heard together and are being disposed of by this common order.
2. Crl.P.No.2894 of 2014 has been filed to quash the proceedings in P.R.C.No.21 of 2013 on the file of the learned II Additional Judicial First Class Magistrate, Machilipatnam, Krishna District, insofar as the petitioners/accused Nos.2 to 4 therein. Crl.P.No.14687 of 2014 has been filed to quash the proceedings in P.R.C.No.18 of 2014 on the file of the learned Additional Munsiff Magistrate, Chirala, insofar as the petitioners/accused Nos.2 to 4 therein.
3. Facts of the cases, briefly stated, are as under:
(i) The subject P.R.Cs. have been registered on the complaints filed by the State under Sec. 32 of the Drugs and Cosmetics Act, 1940 (for short, 'the Act of 1940').
(ii) In the complaint, which led to registration of P.R.C.No.21 of 2013 on the file of the learned II Additional Judicial First Class Magistrate, Machilipatnam, it was alleged that on 20/8/2007, Drugs Inspector, Machilipatnam, picked up 4x6x10 Serra-D tablets, Batch No: ZSRT 702 Exp Dt:2/2010, manufactured by M/s. Laborate Pharmaceuticals Indi
Specific averments against Directors showing their responsibility for the conduct of the business of the company are necessary to establish vicarious liability under the Drugs and Cosmetics Act, 1940....
Vicarious liability under the Drugs and Cosmetics Act requires specific averments in the complaint to establish that individuals were in charge of and responsible for the conduct of the business at t....
Directors cannot be held liable for a company's criminal acts without specific allegations of their involvement; mere directorship is insufficient for establishing vicarious liability.
Specific averments showing a Director's responsibility for the company's conduct of business are necessary to establish vicarious liability under the Essential Commodities Act, 1955.
Vicarious liability under Section 34 of Drugs and Cosmetics Act requires specific complaint averments that director/MD in charge and responsible for company business conduct; mere designation insuffi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
