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The petitioners have challenged the continuation of the criminal proceeding pending before the Judicial Chief Judicial Magistrate No.6, Jaipur City, Jaipur.

The learned counsel for the petitioners contends that allegedly the petitioners sold a chemical known as Aswamol (Paracetamol Syrup) which is the main ingredient of paracetamol medicine. The said chemical was sold to M/s Beelwal Pharmaceutical Agencies, Jaipur. According to the Drug Inspector, the Paracetamol Syrup which were recovered from M/s Beelwal Pharmaceutical Agencies, Jaipur, were found to be spurious. According to the learned counsel, Section 19 of the Drugs and Cosmetics Act, 1940 ('the Act', for short) provides certain statutory defences which are available to the accused-petitioners. Moreover, Section 34 of the Act creates vicarious liability, in case the offence is committed by a company. According to the learned counsel, the vicarious liability of the petitioners has not been made out. Yet, the criminal proceeding is continue against them. Lastly, arrest warrant have been issued against the petitioners. Although the petitioners had applied for an anticipatory bail before the learned District Court, the same has been denied. Therefore, this Court, in its jurisdiction under Section 482 Cr.P.C., should grant bail to the petitioners, as the main accused person has already been granted a regular bail by the trial court itself.