RAMESH LULLA AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS
LAWS(BOM)-2017-10-205
HIGH COURT OF BOMBAY
Decided on October 03,2017

Ramesh Lulla And Others Appellant
VERSUS
State of Maharashtra and Others Respondents

JUDGEMENT

R.K. Deshpande, J. - (1.) This petition challenges Criminal Complaint R.C.C. No.251 of 2011 filed by the respondent No.1/State against the petitioners, who are made the accused therein, alleging the offences under Section 18(a)(i) read with Sections 16(1)(a) and 17B(d) punishable under Section 27(a) and (d) of the Drugs and Cosmetics Act, 1940. The petition also challenges the order dated 29-9-2011 passed by the learned Chief Judicial Magistrate, Bhandara, whereby the learned Magistrate issued the summons to the petitioners.
(2.) On 25-10-2011, this Court passed an order as under : "Heard. Issue notice before admission returnable in four weeks. Learned counsel for the petitioner states that returnable date of the accused summons is 3/11/2011. Having heard the learned counsel for the petitioner, prima facie, I find that the procedure required to be followed for issuance of summons outside the jurisdiction of the court, has not been followed. That being so, ad-interim relief in terms of prayer clause (iv). Shri Rokde, learned APP waives notice on behalf of respondent No.1."
(3.) Thereafter on 5-7-2012 also, this Court (Smt. Sadhana S. Jadhav, J.) passed a speaking order recording the challenge that it is only the persons, who are responsible for maintaining the quality of drugs manufactured, who can be prosecuted for the drugs being sold as "Not of Standard Quality" and the Directors of the Company cannot, therefore, be prosecuted.;


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