Vijay Kumar Vs State of Telangana (Telangana High Court)
Telangana High Court held that initiation of criminal proceedings under Criminal Procedure, 1973 against petitioner not justified since petitioner was not director of the company which got liquidated prior to filing of the appeal.
Facts- The petitioner is the former Director of accused company, namely, M/s. Gena Pharmaceuticals Limited. The respondent/de facto complainant alleging contraventions of Section 18(a) (vi) read with Rule 106 and Schedule J point No.50 of the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 and also violation u/s. 3(d) read with Schedule point 22 (Kidney Stones) of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 against accused company – M/s. Gena Pharmaceuticals.
On 18.05.2015 on receipt of credible information, officer went to the premises of M/s. Divya Medical and General Stores and on inspection of the said premises, they found stocks of 2x200ML of potrate MB6 oral solution bearing details, such as, batch No.IT 1503, manufacturing date January 2015, expiry date June 2016 and manufactured by M/s. Gena Pharmaceuticals Limited marketed by M/s. Intas Pharmaceuticals Limited. It was alleged that the indication on the label of the drug as potrate MB6 for management of calcium oxalate nephrolithiasis (especially in hyper oxaluria cases and uric acid neptrolithiasis) violates Section 18(a) (vi) read with Rule 106, read with Schedule J point No.50 of Act, 1940 and Rules 1945 and also Section 3(d) read with point 22 (kidney stones) of Act, 1954 (objectionable advertisements), thereby, the respondent/de facto complaint seized the drugs by listing them in Form – 16 in the presence of witnesses under a cover of panchanama. For the offences as alleged, PRC., proceedings were initiated against the petitioner/accused stating that the accused company is represented by petitioner. Aggrieved thereby, this Criminal Petition is filed.
