S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court

The Jammu and Kashmir High Court ruled that under Section 34 of the Drugs and Cosmetics Act, proving the actual responsibility of a company at the time of an offense is essential for culpability. Merely holding a position within the company is insufficient to establish guilt. The Court emphasized that direct evidence of involvement in the criminal activity is required to hold an individual or entity accountable. This decision underscores the necessity for clear proof of direct participation or responsibility, rather than relying solely on a formal position within the company.