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K. SUJANA
Vijay Kumar Kanoria – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking to quash the order dated 07.12.2023 passed in PRC No. 52 of 2022 on the file of the I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, at Miryalaguda.
2. The brief facts of the case are that the petitioner is the former Director of accused company, namely, M/s. Gena Pharmaceuticals Limited. The respondent/de facto complainant filed PRC No. 52 of 2022 alleging contraventions of Section 18(a) (vi) read with Rule 106 and Schedule J point No. 50 of the Drugs and Cosmetics Act, 1940 (for short ‘Act, 1940’) and Drugs and Cosmetics Rules, 1945 (for short ‘Rules 1945’) and also violation under Section 3(d) read with Schedule point 22 (Kidney Stones) of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (for short ‘Act 1954’) against accused company-M/s. Gena Pharmaceuticals.
3. As per the complaint averments, on 18.05.2015 on receipt of credible information, LWs. 3 and 4 went to the premises of M/s. Divya Medical and General Stores and on inspection of the said premises, they found stocks of 2 x 200 ML of potrate MB6 or
A former director cannot be held liable for a company's actions if they were not in charge at the time of the alleged offence, and complaints filed beyond the limitation period constitute an abuse of....
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....
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 ....
Specific averments showing a Director's responsibility for the company's conduct of business are necessary to establish vicarious liability under the Essential Commodities Act, 1955.
Proper arraying of the accused in a complaint is essential for prosecution under the Drugs and Cosmetics Act, 1940.
Vicarious liability under the Drugs and Cosmetic Act arises only if the person was in charge and responsible for the company's conduct of business at the material time.
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 cannot be imposed on a company's directors under IPC unless there is specific statutory provision; direct involvement must be established.
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