HON’’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P. No.12198 OF 2010 O R D E R : This Criminal Petition is filed under Section 482 Cr.P.C. for quashing the proceedings in C.C.No. 78 of 2010 on the file of V Additional Judicial First Class Magistrate, Warangal. Heard the learned counsel for the petitioner/A-3 and the learned Additional Public Prosecutor for the respondent-state. Perused the records. Petitioner/A-3 along with two others is facing prosecution for the offences under Section 18(1) (a) and 27(d) of the Drugs & Cosmetics Act, 1940 in C.C.No.78 of 2010. A-1 is the Company, A-2 is the Managing Director and A-3 is the Director of A-1. According to the prosecution, on 28.08.2008, the Drugs Inspector inspected the shop of M/s Sresta Therapeutics at Warangal and picked up 200 tabs of Santop manufactured by A-1 company and on analysis it was found that they were not of standard quality. The learned counsel for the petitioner submits that the petitioner/ A.3 was only a Director and she was not associated with the affairs of the Company. Section 34 of the Act lays down that where an offence is committed by a Company, every person who at the time of the offence was committed, was incharge of, and was responsible to the Company for the conduct of the business of the Company, as well as the Company shall be deemed to be guilty of the offence. Admittedly, petitioner/A-3 is a Director of A-1 Company at the relevant time. The question as to whether or not she was incharge of A-1 Company and was responsible for conduct of the business of the Company at the relevant time is a matter to be considered on evidence that may be adduced during the course of trial but not at this stage. Prima facie, being a Director of A-1 Company, the petitioner was rightly arrayed as A-3 in the complaint. There are absolutely no valid or justifiable grounds to quash the proceedings against petitioner/A-3 in C.C.No.78 of 2010 on the file of the V Additional Judicial First Class Magistrate, Warangal. In the result, the Criminal Petition is dismissed. _____________________ G.V.SEETHAPATHY, J 08th December, 2010 PNV