Drugs & Cosmetics Act, 1940–Secs. 18(c) & 27(b)(ii)–Cognizance for the offence–Allegation that the petitioner was trustee and authorised secretary of hospital and thus, he was responsible for the administration of the hospital alongwith other accused–However, the complaint does not reflect as to the specific role of petitioner with regard to the concerned sale of medicines and whether the licence was to be obtained by him for the purpose of sale, storage and distribution–The overall responsibility of a hospital would not be entail the liability of all actions which any other person may be responsible for obtaining the licence as made out u/s. 34 of Act–This aspect was not considered before taking the cognizance–Cognizance against the petitioner is held to be without any basis.
