S S VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an application under section 482 CrPC filed by the applicants for quashing the proceedings in Criminal Case No. 2713 of 1979, State v. S. S. Varma and others pending in the court of the First Additional Munsif Magistrate, Bareilly. The application has been opposed on behalf of the State and a counter-affidavit has been filed purporting to rebut the averments made by the applicants.

(2.) THE principal ground on whi:h the application is pressed, which is determinative of the controversy between the parties, is that the Synthetics and Chemicals Ltd., Rampur Road, Bareilly, thereinafter referred to as the 'Company' has not been arrayed as an accused in the case and as such there is a noncompliance with the provision contained in Sec. 39 of the Weights and Measures (Enforcement) Act, 1959, hereinafter referred to as 'the Act'.

(3.) FROM a reading of the Section, it is evident that the primary responsibility under the Act for an offence punishable thereunder is placed on the shoulders of the company. Any person who, at tie time of the commission of the offence, is incharge of or responsible to the company for the conduct of the business of the company has also been made liable for indictment for the breach of the provisions of the Act only vicariously. A person who is incharge of the business of a company may escape from liability if he is able to prove that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such an offence.