The central legal point established in the judgment is the necessity of specific averments against accused persons to establish their responsibility in the conduct of the business of the company, as mandated under Section 34 of the Drugs and Cosmetics Act, 1940.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the proceedings in C.C.No.343 of 2021 on the file of the XV Metropolitan Magistrate''s Court, George Town, Chennai and to quash the same as illegal.)

This petition has been filed challenging the proceedings pending in C.C.No.343 of 2021, on the file of the XV Metropolitan Magistrate Court, George Town, Chennai.

2. The respondent has filed a complaint before the Court below against the accused persons (A1 to A4) for contravention of Section 18(a)(i) r/w Section 16 and Section 18-B of the Drugs and Cosmetics At, 1940 (hereinafter referred to as ''the Act'') punishable under Sections 27(d) and 28-A of the Act.

3. The sum and substance of the complaint given by the respondent is that the company is manufacturing drugs of substandard quality and hence, the company and its directors have contravened the provisions of the Act and consequently they are punishable for the said contravention.

4. Heard the learned counsel for the petitioners and the learned Standing counsel appearing on behalf of respondent.

5. Even though the quash petition has been filed by all the four accused persons, the learned counsel for the petitioners submitted that he is confining his arguments only insofar as the petitioners 2 to 4 (A2 to A4).

6. It was submitted that the complaint filed by the respondent completely lacks any specific allegations against A2 to A4, which is mandatory under Section 34 of the Act. It was further submitted that the license that was issued by the designated authority for manufacture and sale / distribution of drugs specifically gives the names of persons who are involved in the manufacturing and testing. To substantiate the same, Form 28 and Form 26 that were issued in favour of A1-Company was brought to the notice of this Court and it was further informed by virtue of the communication dated 26.06.2018, that the license was extended from 20.06.2018 to 19.06.2023. Such extension was made by taking into consideration the earlier license issued under Form 26 which specifically names the persons who are responsible for manufacturing and testing. The learned counsel submitted that the persons on whom the responsibility has been placed under the license are the persons who are incharge of manufacturing and testing of drugs and they are the ones who should be made as accused persons. It was further contended that if the Director is made as an accused, the requirement under Section 34 of the Act must be satisfied.

7. Per contra, Mr.M.Karthikeyan, learned Standing counsel appearing on behalf of the respondent submitted that sufficient averments were made in the complaint as against the accused persons. That apart, learned counsel by pointing out to paragraph 13 of the complaint submitted that the investigation team was not able to gather the particulars and the same has been specifically mentioned in the complaint. In view of the same, it was contended that the mandate under Section 34 of the Act has been fulfilled and that the accused persons must face the trial before the Court below.

8. The allegations made against the petitioners in the complaint is as follows:

“4. The complaint further submits that the 1st Accused is manufacturer of the drug Telmisartan Tablets IP 40 mg (Telmiral 40) Batch No.: 78TML18002, Manufacturing Date: NOV. 2018, Expiry Date: JUN. 2020 running under the name and style of M/s.Crescent Therapeutics Ltd., Khasra No.587/588, Beside Jharmajri, Village Kunjhal, Baddi, Tehsil Nalagarh, Distt. Solan – 173 205, Himachal Pradesh.

5. The complainant further submits that, 2nd accused Shri. Vijay Kumar Joshi Director of M/s.Crescent Therapeutics Ltd., (presently known as M/s.Sanctus Global Formulations Ltd.,), Khasra No.587/588, Beside Jharmajri, Village Kunjhal, Baddi, Tehsil Nalagarh, Distt. Solan – 173 205, Himachal Pradesh, 3rd Accused, Shri.Vinod Kumar Joshi Director of M/s.Cresce