ROHITBHAI JAYARAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed by original accused No. 11. The prayer is for quashing criminal complaint No. 3213 of 2001 filed qua him. The complaint contains allegations for offences punishable under Sections 11 and 12 of the Bureau of Indian Standards Act, 1986 ('The Act' for short). The case of the petitioner is that merely by virtue of being Director of the Company accused of said offence, petitioner do not carry the vicarious liability of such offence.

(2.) BRIEFLY stated, the allegations in the said compliant are that during an inspection by the authorities, under the said Act, at the premises of one M/s. Chemet Chemical Ltd. (accused No. 1 company), it was found that labels showing ISI mark of one Sabero Organics Gujarat Limited (accused No. 6 company) were being pasted on the containers in which different chemical products of respondent No. 6 -Company were being packed by the employees of accused No. 1 -Company. The license of accused No. 6 -Company to use such mark had expired. As per the compliant, the said act was, therefore, in breach of Sections 11 and 12 of the said Act and would make the company punishable under Section 33 of the said Act. The Directors of both the companies are also shown as accused in terms of Section 35 of the said Act.

(3.) ON the other hand, learned counsel, Mr. Dave, for the original complainant -authority under the said Act, opposed the petition contending that the petitioner was Director of accused No. 6 -Company at the relevant time. During visit, at the site of accused No. 1 -Company, it was found that ISI mark of accused No. 6 -Company whose validity had expired was being used on the products of said company. This would be clearly in breach of Sections 11 and 12 of the Act. Such actions would be punishable under Section 33 and the same being against a Company any person who is responsible for the affairs of the Company would be answerable under Section 35 of the Act.