VidhiSangh

Supreme Court of India · 11/10/2022

LALANKUMAR SINGH & ORS. versus STATE OF MAHARASHTRA

[2022] 14 S.C.R. 573 · 2022 INSC 1061

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Summary

A sample of a manufacturer's iron syrup was found not of standard quality on both the State and the Central Drugs Laboratory analysis. The Drug Inspector filed a complaint under Section 18(a)(i) read with Sections 16, 27(d) and 34 of the Drugs and Cosmetics Act, 1940, which named the company's directors among the accused. The CJM issued process, and the Sessions Court and the High Court upheld it. The Supreme Court quashed the proceedings against the directors. The complaint only said that they looked after day-to-day activities and did not explain how each was in charge of and responsible for the company's business. They were not managing or whole-time directors, and the approved technical staff named in the Form 28 licence were responsible for manufacture and testing. Further, no order issuing process had actually been passed, and the High Court could not presume one from the roznama.

Issues

  1. Whether a complaint under the Drugs and Cosmetics Act that only describes the directors as looking after the company's day-to-day activities satisfies Section 34 so as to make them vicariously liable.
  2. Whether process could stand where the Magistrate passed no order issuing it and the High Court inferred one from the daily proceedings sheet.

Provisions considered

Held

Result

Appeal allowed. The order issuing process of 30 March 2009 and the Sessions Court's revisional order were quashed, and the complaint against the appellant directors was dismissed. It was to proceed against the other accused in accordance with law.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 573.