SUDHIR SATPATHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is petition filed by the petitioner under Section 482 of Cr.PC for quashing of the complaint lodged by the State Government through the Inspector Legal Metrology against the petitioner for having committed offence under Sections 39 and 63 of the Standard of Weights and Measures (Enforcement) Act, 1985 (hereinafter referred to as 'the Act').

(2.) PERUSAL of the complaint goes to show that it has been filed against the Area Sales Manager of Hindustan Lever Ltd. The name of this accused petitioner does not appear in the complaint except in the cause title of the complaint. There is no specific allegation in the complaint that the petitioner/accused was in-charge and responsible for conduct of the business of the Company. It is submitted that as per provisions of Section 74 of the Standards of Weights and Measures Act, 1976 and Section 62 of Standards of Weights and Measures (Enforcement) Act, 1985, if any company alleged to have committed an offence then the person, who was at the time of commission of the said offence, was in-charge and was responsible for conduct of the business of the company for the said offence.

(3.) IT has been fairly conceded on behalf of learned Government Advocate appearing for respondent/State that no notice which requires under Section 60 of the Act prior to filing of the complaint was given to the petitioner informing about his role in the entire episode. The aforesaid Section 60 reads as under : -