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RAJNESH OSWAL
Narain Dass Bhagwan Dass – Appellant
Versus
State of J&K – Respondent
JUDGEMENT/ORDER :
1. The present petition has been filed by the petitioners for quashing the complaint filed by the respondent, titled, “State versus M/s. Narayan Dass Bhagwan Dass and others” pending before the court of learned Sub Judge (Special Municipal Magistrate) Jammu, on the following grounds:
(b) That in the present complaint there is no allegation in the complaint which would bring the case within the mischief of section 34(2) of the Act.
(c) That the sale of the drugs has been made by the Medical Officer Government Gandhi Nagar Hospital but the respondent No. 1 did not choose to file the complaint against the main accused so in absence of the main accused, it cannot be said that the petitioner has contravened the provisions of the Act.
(d) That the present complaint deserves to be quashed as the petitioner No. 1 has been arrayed as one of the accused but through no body and in the absence of person through whom the firm is to be served, the complaint is not
Proceedings under the Drugs and Cosmetics Act can be quashed if the company involved is not named as an accused and procedural compliance is not met.
Criminal liability for partners requires specific allegations of responsibility; mere designation is insufficient, and complaints may be barred by limitation.
The court established that former directors cannot be held vicariously liable for offences committed after their tenure, and highlighted multiple procedural lapses that rendered the prosecution unsus....
Right of appellant to have sample analysed in Central Laboratory is a valuable right.
Partners cannot be prosecuted under the Drugs and Cosmetics Act without the firm being charged as an accused, emphasizing the necessity of vicarious liability in criminal proceedings.
The complaint under the Drugs and Cosmetics Act was filed beyond the three-year limitation period, violating the petitioners' right to re-examine the drug, leading to quashing of the proceedings.
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