Supreme Court of India · 2010-08-06
Dinesh B. Patel & Ors vs State Of Gujarat & Anr
- Citation / case number
- AIR 2012 SC (CRIMINAL) 243
- Court
- Supreme Court of India
- Petitioner
- Dinesh B. Patel & Ors
- Respondent
- State Of Gujarat & Anr
- Author
- V.S. Sirpurkar
- Bench
- Cyriac Joseph, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the dismissal of a petition under Section 482 Cr.P.C. by the High Court, which allowed prosecution of company directors under Section 34(2) of the Drugs & Cosmetics Act, 1940. The Court emphasized that mere directorship does not imply criminal liability without proof of active involvement in the offence. The Court held that the High Court erred in not quashing the complaint due to insufficient allegations against the directors, thereby reinforcing the need for specific involvement to establish liability under the Act.