TMI Blog1985 (1) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned. 2. The Drug Inspector, Madras city, filed a complaint against the three petitioners herein and two others for alleged contravention of S. 18(a)(ii) of the Drugs and Cosmetics Act, 1940 read with Section 17(e) of the Act. The first accused is the company known as Messrs, Tablets (India) Ltd, and the fifth accused is the Assistant Production Manager of the Company. The petitioners herein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against. It is argued on behalf of the petitioners that the Fifth accused is in charge of the business and therefore these Directors, namely, accused 2 to 4, have no hand in the production of the article and that there is not even an alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he some plea or reference to any act committed by the directors from which a reasonable inference can be drawn that they could also be vicariously liable. 3. In the case on hand, there are not even allegations regarding the part played by these petitioners in the business except that they are mere directors. None of them is Managing Director and the Managing Director, if any, has not been imple ..... X X X X Extracts X X X X X X X X Extracts X X X X
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