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G. JAYACHANDRAN
Singana Obul Reddy, Director of Apollo Pharmacies Limited – Appellant
Versus
State of Tamil – Respondent
ORDER :
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the impugned complaint instituted by the respondent in C.C. No. 104 of 2023, pending on the file of the learned Judicial Magistrate-1, Tirupattur and quash the same insofar as the petitioner is concerned.
1. This Criminal Original Petition is filed to quash the criminal prosecution initiated by the Drug Inspector against this petitioner and two others for contravening Section 65 of Drugs and Cosmetics Act and rules made thereunder which is punishable under Section 25-A of the Drugs and Cosmetics Act.
2. The sum and substance of the complaint is that on a surprise check conducted along with NIB, CID, Vellore in the premises of M/s. Apollo Pharmacy, a unit of Apollo Pharmacies Limited, Vaniyambadi, the following defects were found:
2. The prescription register was not properly maintained.
3. Tramazac 2 ml ampoule was sold in retail without a cash or credit memo.
4. Tramazac 2 ml ampoule was sold without prescription of a Registered Medi
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....
Vicarious liability under the Drugs and Cosmetics Act, 1940 arises if the person was in charge and responsible for the day-to-day affairs of the company at the time of the offence, and the company mu....
Mere presence at a drug shop does not establish liability for drug sales without pharmacist supervision; the burden of proof lies with the complainant to provide evidence of wrongdoing.
Vicarious liability under the Drugs and Cosmetics Act requires clear allegations of a director's responsibility for the company's conduct; mere directorship is insufficient.
A prima facie case may arise from additional documents, supporting liability despite insufficient initial allegations.
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....
Liability under Section 34 of the Drugs and Cosmetics Act requires specific allegations of being in charge and responsible for the conduct of the business, which were absent in this case.
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 ....
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