9911796707
|
Home
Issues:
1. Interpretation of provisions of the Drugs and Cosmetics Act regarding contravention of standard quality. 2. Vicarious liability of individuals in a company for offenses committed under the Act. Analysis: 1. The judgment involves a case where the petitioners were accused of contravening the provisions of the Drugs and Cosmetics Act. The complaint alleged that the drug sample seized did not conform to the standard quality as per the label, leading to prosecution under Section 27(d) of the Act. The defense argued that the prescribed standard for the sample was not stated in the complaint, and the analysis method used was incorrect. The court held that the prosecution had laid a foundation to proceed with the trial, rejecting the defense's contentions regarding the standard, analysis method, and necessity to state the prescribed standard in the complaint. The judgment emphasized the importance of complying with standards and rejected the defense's arguments against the prosecution's initiation based on the sample's non-conformity to the label. 2. The judgment also addressed the vicarious liability of individuals in a company under Section 34 of the Drugs and Cosmetics Act. It was highlighted that for individuals to be vicariously liable for offenses committed by a company, the complaint must allege that they were in charge of and responsible for the company's business at the time of the offense. The court noted that petitioners 2 and 3, who were directors of the company, were not specifically alleged to be in charge of the business, leading to the quashing of proceedings against them. However, the prosecution was sustained against petitioners 1, 4, and 5, as the first petitioner was the company itself, the fourth petitioner was in charge of the business in Bombay, and the fifth petitioner was responsible for the business in Madras. The judgment highlighted the need for specific allegations to establish vicarious liability and differentiated the roles of the individuals within the company based on their responsibilities. In conclusion, the judgment delves into the interpretation of the Drugs and Cosmetics Act provisions regarding standard quality contravention and vicarious liability of individuals in a company. It emphasizes the importance of complying with prescribed standards, rejects defenses against prosecution initiation based on non-conformity to labels, and clarifies the necessity of specific allegations to establish vicarious liability. The judgment quashes proceedings against individuals not proven to be in charge of the company's business while allowing the prosecution to continue against those with defined responsibilities within the company.
|
