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N. ANAND VENKATESH
Paramjit Arora, Director, M/s. Health Biotech Ltd. – Appellant
Versus
State, rep. by The Drugs Inspector, Kottivakkam Range, Office of the Assistant, Director of Drugs Control, Zone IV, Chennai-6 – Respondent
ORDER :
(N. Anand Venkatesh, J.) :
This criminal original petition has been filed by the second accused to quash the proceedings in C.C.No.526 of 2022 on the file of the learned Chief Judicial Magistrate, Chengalpat.
2. The brief facts leading to filing of this case are as follows :
(ii) Since the said sample was taken from a medical shop namely one M/s.Lakshmi Medicals, a show cause notice was issued along with the report of the Government Analyst. In turn, the proprietor of the said M/s.Lakshmi Medicals disclosed that the drug was purchased from one M/s.Kamalam Medical Corporation. In view of the same, a show cause notice was issued to the said M/s.Kamalam Medical Corporation along with necessary documents. In response to this notice, the proprietor of M/s.Kamalam Medical Corporation disclosed that the
Directors of a company cannot be held vicariously liable under Section 34 of the Drugs and Cosmetics Act without specific allegations detailing their involvement in the conduct of the company's busin....
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 ....
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.
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....
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....
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 ....
Under Section 34 Drugs and Cosmetics Act, company offence liability presumes against nominated responsible person and firm; other officers require specific role allegations, not mere designations.
Point of Law - In fact, there is no bar to sending a sample of drug for test/analysis directly to CDL without first sending to the Government Analyst. This is clear from the bare language of the Sect....
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