A.T.R.K. RANGARAJAN AND OTHERS Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI, NORTH UNIT AT THENI

JUDGEMENT

(1.) This petition is under section 482 of the Code of Criminal procedure to quash the proceedings in S.T.C. No. 59 of 1985 on the file of the Special Court for Essential Commodities Act Offences, Madurai. Accused 6 and 11 to 13 are the petitioners.

(2.) The respondent-Inspector of Police, Civil Supplies C.I.D. Madurai North Unit launched the above prosecution against the Petitioners herein and eleven others, who are the Managing Director, members of the Managing Committee and other employees of Cudalore Farmers Service Co-op. Society Ltd., Karunaimamuthanpatti. On 15-4-1984 at about 10 a.m. when the Tahsildar of Uthamapalayam proceeded to Kullappa Gowdanpatti and enquired, he found that accused 3 to 5 had short-supplied certain quantity of rice to card holders collecting higher price per quintal of rice than the actual price and thus collected Rs. 1,084.00 from the public unauthorisedly and misappropriated the amount. Hence the charges under clause 6(2) and 14(1) (a) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 read with Sec. 3, 7 (1) (a) (ii) and 10 of the Essential Commodities Act, 1955. Accused Nos. 6 and 11 to 13 have filed this petition to quash the proceedings as against them.

(3.) It is contended by Mr. T.S. Arunachalam learned counsel for the petitioners that the petitioners are only members of the Managing Committee of the 1st accused. Society, that they are not concerned with the direct and actual management of the affairs of the Society and hence they are not responsible for the misdemeanour dated 14-4-1984. There is also no allegation in the charge sheet of any involvement by those petitioners in the aforesaid act. The mere fact that they are the members of the Managing Committee cannot mulct them with vicarious liability for the offences committed on 28-6-1985. Reliance is sought to be placed on the decision of the Supreme Court in Delhi Municipality Vs. Ram Kishan (A.I.R. 1983 S.C. 67). The learned Judges observed,