Case Note & Summary
The petitioner, Vishwanath S/o Doddabasappa Kadli, was accused No.2 in CC No.369/2023 pending before the Court of Civil Judge and JMFC, Laxmeshwar, Gadag District, arising out of PCR No.25/2023. The case was registered for offences punishable under Section 18(A)(vi) and Section 27(d) of the Drugs and Cosmetics Act, 1940. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of the entire proceedings against him. The main contention of the petitioner was that the complaint did not name him nor contain any specific allegations against him. The respondent-State opposed the petition. The High Court of Karnataka at Dharwad, after hearing the parties, observed that the complaint and the entire charge sheet material did not contain any incriminating material against the petitioner. The court held that continuing the proceedings against the petitioner would be an abuse of the process of law. Accordingly, the court allowed the petition and quashed the proceedings against the petitioner/accused No.2 in CC No.369/2023.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Lack of Incriminating Material - The petitioner, accused No.2, sought quashing of proceedings in CC No.369/2023 for offences under Section 18(A)(vi) and Section 27(d) of the Drugs and Cosmetics Act, 1940. The complaint did not name the petitioner nor contain any specific allegations against him. The court held that continuing proceedings against the petitioner would be an abuse of process of law and quashed the same. (Paras 1-5) B) Drugs and Cosmetics Act - Offences by Companies - Section 34 - Vicarious Liability - The court noted that vicarious liability under Section 34 of the Drugs and Cosmetics Act, 1940 requires specific averments against the person sought to be made liable. In the absence of any such averments, the proceedings against the petitioner were liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the petitioner/accused No.2 can be quashed under Section 482 Cr.P.C. when there is no specific allegation or incriminating material against him in the complaint.
Final Decision
The petition is allowed. The entire proceedings in CC No.369/2023 pending before the Court of Civil Judge and JMFC, Laxmeshwar, Gadag District, arising out of PCR No.25/2023, are quashed insofar as the petitioner/accused No.2 is concerned.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Lack of incriminating material against accused
- Vicarious liability not automatic
- Drugs and Cosmetics Act
- 1940
