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G. K. ILANTHIRAIYAN
R. K. B. Multispecialty Hospitals (India) Pvt. Ltd, Represented by its Director, R. Vijayanarayanan, Thiruvallur – Appellant
Versus
Tamil Nadu State represented by, Drugs Inspector, Thiruvallur – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in CC No. 151 of 2020 on the file of the learned Chief Judicial Magistrate Court at Thiruvallur and to quash the same.)
1. This petition has been filed to quash the proceedings in C.C.No. 151 of 2020 on the file for the learned Chief Judicial Magistrate court at Thiruvallur and to quash the same.
2. The respondent lodged a complaint for the contraventions under Section 18(c) of the Drugs and Cosmetics Act, 1940 read with rule 65(3)(1) and 65(2) of the Drugs and Cosmetics Rules, 1945 punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940.
3. On 08.03.2018, an inspection was conducted in the petitioners Hospital. During the inspection, it was noticed that the prescription register was not maintained properly and the drugs were supplied without prescription and without the personal supervision of Pharmacist. Therefore, a show case notice was issued to the petitioners. On receipt of the same, the petitioners sent a reply notice and without satisfying the reply submitted by the petitioners, the respondent lodged a complaint.
4. The learned counsel for the petitioners w
Unexplained inordinate delay can be fatal to a prosecution case, and individuals involved in the day-to-day affairs of a company can be held liable for contraventions under the Drugs and Cosmetics Ac....
The central legal point established in the judgment is the importance of adhering to the prescribed limitation period for filing a complaint under the Drugs and Cosmetics Act, 1940, and the consequen....
Directors can be held vicariously liable for company offenses under the Drugs and Cosmetics Act if they are responsible for the company's operations and fail to demonstrate due diligence.
The main legal point established in the judgment is the need for specific allegations to establish vicarious liability and the importance of following mandatory provisions before launching prosecutio....
The prosecution for violations under the Drugs and Cosmetics Act must adhere to statutory limitations and provide adequate notice of charges; failure to do so renders the prosecution invalid.
The petitioner contravened Section 18(c) of the Drugs and Cosmetics Act by stocking and selling drugs without a license. The petitioner is liable under Section 27(b)(ii) of the Act.
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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