This Criminal Petition No. 147 of 2024 was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order dated 07.12.2023 passed in PRC.No.52 of 2022. The case originated from a complaint alleging contraventions of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, against M/s. Gena Pharmaceuticals Limited. The petitioner, a former director of the accused company, argued that proceedings were initiated against him despite the company being under liquidation and him not being a director at the time of registration of the case.
The petitioner, a former director of M/s. Gena Pharmaceuticals Limited, filed a criminal petition to quash an order passed in PRC.No.52 of 2022. The complaint alleged contraventions of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, based on the seizure of certain drugs from M/s.Divya Medical and General Stores on 18.05.2015. The petitioner argued that he was not a director of the company at the time the case was registered on 24.11.2022 and that the company was under liquidation since 2016 following CIRP proceedings initiated on 09.08.2019 by the NCLT, Kolkata. The petitioner also contended that the complaint was time-barred and that no individual criminal liability was imposed on him.
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Drugs were seized from…
NCLT, Kolkata, admitted an application under…
This Criminal Petition No. 147 of 2024 was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order dated 07.12.2023 passed in PRC.No.52 of 2022. The case originated from a complaint alleging contraventions of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, against M/s. Gena Pharmaceuticals Limited. The petitioner, a former director of the accused company, argued that proceedings were initiated against him despite the company being under liquidation and him not being a director at the time of registration of the case.
The petitioner, a former director of M/s. Gena Pharmaceuticals Limited, filed a criminal petition to quash an order passed in PRC.No.52 of 2022. The complaint alleged contraventions of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, based on the seizure of certain drugs from M/s.Divya Medical and General Stores on 18.05.2015. The petitioner argued that he was not a director of the company at the time the case was registered on 24.11.2022 and that the company was under liquidation since 2016 following CIRP proceedings initiated on 09.08.2019 by the NCLT, Kolkata. The petitioner also contended that the complaint was time-barred and that no individual criminal liability was imposed on him.
Drugs were seized from…
NCLT, Kolkata, admitted an application under…