Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Commodities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Essential Commodities Act, 1955:s. 10 - Scope and ambit of - Discussed.s.10 - Contravention of order made under s.3 by a company - Prosecution of Managing Director, General Manager, Executive Director and Supervisors - Held: Each or any of them may be separately prosecuted or along with the company - There is no statutory compulsion that the person-in-charge or an officer of the company cannot be prosecuted unless they are ranged alongside the company itself - On facts, High Court was not justified in quashing the proceedings against them - Textile (Control) Order, 1986 - Clause 17 - Code of Criminal Procedure, 1973 - s.482. Prosecution case was that SB Mills was declaring • and stamping wrong fibre composition for the cloth and thereby was contravening Clause 17 of Textile (Control) Order, 1986. This rendered it liable for penal action for violation of order made under s.3 of the Essential Commodities Act, 1955. Charge sheet was filed against one person, who was summoned and released on bail. A supplementary chargesheet was filed wherein names of respondents who were Managing Director, General Manager, Executive Director and Supervisor were mentioned. The trial court found them liable for the said offence and summoned them. High Court quashed the proceedings against the respondents holding that SB Mills was nothing but a unit of a body corporate and cannot be called an association of individuals. In appeal to this Court, appellant State contended that the true scope and ambit of Explanation appended to s.10 of the Act was not kept in view.Respondent contended that the infraction as alleged was of a very minor nature and therefore continuation of the proceedings would not be appropriate. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 143 |
Petitioner | State (govt. Of Nct Of Delhi) |
Respondent | D. A. M. Prabhu And Anr. |
SCR | [2009] 3 S.C.R. 165 |
Judgement Date | 2009-02-11 |
Case Number | 266 |
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