High Court of Punjab and HaryanaCRM-M/8667/2024disposed of

Dalip Kakkar And ORS. v. State Of Punjab Through Drug Inspector

2024-02-27Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:026860 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8667-2024 (O&M) Date of Decision:-27.2.2024 Dalip Kakkar and others ... Petitioners

Versus

State of Punjab through Drug Inspector, Ludhiana-1 ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pankaj Katia, Advocate and Mr. Amit Kaushik, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J. (Oral)

1. The petitioners seek quashing of Complaint No.COMA/48844/2023 titled State Vs. Dalip Kakkar and others, under Section 18(a)(I) read with Section 84-E punishable under Section 27(d) of Drugs and Cosmetics Act, 1940 and Rules 1945, dated 21.9.2023 (Annexure P-1) and also the summoning order dated 9.1.2024 (Annexure P-3)

2. Upon hearing learned counsel representing the petitioners, this Court finds that while petitioner No.1 is the Managing Director, the remaining petitioners are the Directors of the company. While it can be said that Managing Director would be responsible for over all running and managing the affairs of the company, the other Directors may be having a limited role. In any Pankaj Kakkar 2024.02.27 17:33 I attest to the accuracy and authenticity of this document

CRM-M-8667-2024 (O&M) ( 2 ) 2024:PHHC:026860 case, this Court is of the opinion that it would be appropriate that the petitioners apprise the Trial Court about the factual position as regards the nature and extent of their role and responsibility in running the affairs of the company at appropriate stage particularly as regards the role of the petitioners.

3. The instant petition, as such, is disposed off with liberty to the petitioners to raise all the pleas as have been raised herein before the Trial Court at appropriate stage including the stage of consideration of framing of charges.

4. Needless to mention, the Trial Court shall take all steps for expeditious conclusion of the trial.

27.2.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.02.27 17:33 I attest to the accuracy and authenticity of this document