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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Hem Raj Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter, ‘ BNSS ’), prayer has been made on behalf of the petitioner for quashing of complaint No. HFW- HMR(PROS) DRUGS/10-09, registered as Complaint No. 58-1 of 2010 titled as State of Himachal Pradesh (through Drugs Inspector H.Q. Hamirpur) v. Anil Chand and others as well as consequent proceedings pending in the court of learned Judicial Magistrate First Class, Nadaun, Hamirpur.
2. For having bird’s eye view of the matter, facts relevant for adjudication of the case at hand are that on 08.01.2009 Drug Inspector, Headquarters, Hamirpur alongwith Shri Jagdish Chand, Peon, visited the premises of M/s Shri Shri Medical Store, Opposite Bus Stand Nadaun, District Hamirpur, Himachal Pradesh. Drug Inspector concerned after having noticed that Mr. Anil Chand was conducting business of stocking and exhibiting for sale of allopathic drugs over the counter via his retail drugs licence no. HMR/2006/389 and HMR/2006/390 valid upto 29.3.2011, picked up three samples of drug namely Chlorpheniramine Maleate Tablets (C.P. Sys-4) B. No. LGT- 8106, expiry date 08/2011,
A stockist cannot be held liable for drug quality violations if not impleaded in the prosecution, highlighting the necessity of prosecuting the manufacturer under the relevant legal framework.
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....
Liability under the Drugs and Cosmetics Act requires clear averments in the complaint regarding the accused's managerial responsibility; mere directorship is insufficient without evidence of control ....
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.
Sildenafil Citrate is an allopathic drug and it cannot be used by anybody else unless a person who holds licence for it.
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 of a company not involved in drug manufacturing cannot be held liable under the Drugs and Cosmetics Act absent specific evidence of their responsibility for the conduct of business.
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