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TMI Blog2023 (5) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment rendered in the case of State (N.C.T. of Delhi) v. Rajeev Khurana [ 2010 (7) TMI 283 - SUPREME COURT ]. Considering that argument this Court has also decided the same issue in the case of M/s Maithon Power Limited and Others v. The State of Jharkhand and Others [ 2022 (3) TMI 83 - JHARKHAND HIGH COURT ]. It is worth considering that there is no exception to the section 202 Cr.P.C, and in that view of the matter, even in the Government complaint case, section 202 Cr.P.C is mandatory and it is admitted that the petitioners are stationed at Delhi and seeing that the learned magistrate was required to follow the mandatory provision of section 202 Cr.PC which has been amended vide Amendment Act, 2005, making it mandatory to postpon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritional supplement'. The said company was informed regarding the seizure and it was asked to produce the constitution details of the firm. The manufacturer requested for 15 days' time. After receipt of the judgment of Hon'ble High Court, the Drug Inspector sought approval for prosecution from the Director in Chief (Drugs) to prosecute the manufacturer company under section 27(b) and (d) for violation of section 18(a) and (c) of the Drugs and Cosmetics Act, 1940 and in turn approval has been granted. The special leave petition preferred by the manufacturer before the Hon'ble Supreme Court was dismissed. Ciprofloxacin Hydrochloride is a potent antibacterial agent which is categorized under schedule-H of the Drugs and Cosmetic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d responsibilities in the conduct of business of the company and how and in what manner he is responsible or liable. 5. The learned counsel for the petitioners submits that the petitioners were stationed at Delhi and it is also admitted in the complaint and the learned court without following the mandatory provision under section 202 Cr.P.C has taken cognizance which is against the mandate of law. 6. On the other hand, Ms. Kumari Rashmi, the learned State counsel submits that irregularity has been found and that is why the learned court has taken cognizance and there is no illegality in the cognizance order. 7. In view of the above submission of the learned counsel appearing for the parties the Court has gone through the contents of the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction- (a) company means a body corporate, and includes a firm or other association of individuals; and (b) director in relation to a firm means a partner in the firm. 8. Looking to the above provision, it is crystal clear that the person who is looking into the day to day affairs of the company and was responsible at the time of offence can only be prosecuted and in that view of the matter in absence of any averment to that effect vicarious liability upon the petitioners are not liable to be fastened upon them as there is no such averment in the complaint petition and the case of the petitioners is fully covered in view of the judgment rendered in the case of State (N.C.T. of Delhi) v. Rajeev Khurana (supra). So far the record further sugg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers are stationed at Delhi and seeing that the learned magistrate was required to follow the mandatory provision of section 202 Cr.PC which has been amended vide Amendment Act, 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the territorial jurisdiction of the Magistrate concerned. 10. With cumulative effect of the above discussion and the analysis of the Court hereinabove, the entire criminal proceeding in connection with G.O.C.R No. 61 of 2013, T.R. No. 879 of 2014 including order taking cognizance dated 15.07.2013 pending in the court of learned Chief Judicial Magistrate, Deoghar are quashed. 11. Cr.M.P. No. 1525 of 2014 is allowed and disposed of. 12. Pending petition if any also st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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