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State Of Haryana vs Brij Lal Mittal & Ors on 30 April, 1998

In the case reported as 1998 F.A.J., 269 SUPREME COURT OF INIDA [State of Haryana Vs. Brij Lal Mittal and Ors.], the Apex Court has compared the provision of section 34 (1) of Drugs and Cosmetics Act, 1940 with the provisions of ::: Downloaded on - 02/07/2015 00:00:37 ::: Cri. W.P. Nos.68, 69/15 10 section 17 (1) of the Act. In view of the similarity, the Apex Court has observed that vicarious liability of the Director in manufacturing Company for being prosecuted under section 27 of the Drugs and Cosmetics Act can be inferred, if at the material time, the Director was incharge of and was also responsible to the Company for conduct of the business as per the section 34 (1) of Drugs and Cosmetics Act. If sub-sections to section 17 of the Act are taken into consideration, it can be said that there is some difference between section 17 of the Act and section 34 of the Drugs and Cosmetics Act. Under section 17 (2) of the Act, the Company can appoint nominee and in that case, the Directors will be absolved from the liability in such cases and there can be prosecution and conviction of such nominee. The Apex Court held in view of the facts of the reported case that the quashing of the criminal proceeding was possible.
Supreme Court of India Cites 11 - Cited by 274 - M K Mukherjee - Full Document

M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors on 4 November, 1997

8. The facts of the case reported as 1985 (5) Bom.C.R. 426 (S.C.) : 1997 (2) F.A.C. 107 : 1998 (5) S.C.C. 749 Supreme Court of India [M/s. Pepsi Foods Limited and another Vs. Special Judicial Magistrate and others] were altogether different. The appellants of this reported case had not played any role in manufacturing activity of the beverage which was found to be adulterated. The appellants had given their brand name to other Company for bottling the beverage 'Lahar Pepsi'.
Supreme Court of India Cites 24 - Cited by 3106 - D P Wadhwa - Full Document
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