M.S. RAMCHANDRAN Vs. SANDIP META

JUDGEMENT

(1.) This proceeding stems out of an application under Sec. 482 of the Cr.P.C., 1973 at the instance of the petitioners seeking order to quash the proceeding arising out of Complaint Case No. 858 of 2003 (State vs. Susanta Kumar Mal and 3 others) pending before the learned Additional Chief Judicial Magistrate, Sealdah, under Sec. 63 of the Standards of Weights and Measures Act, 1976 and under Sec. 51 of the Standards of Weights and Measures (Enforcement) Act, 1985 read with Sec. 74 of the Standards of Weights Act, 1976 and Sec. 62 of the Standards of Weights and Measures (Enforcement) Act, 1985 and for alleged violation of Rules 2(r) 4, 8, 9 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 read with Sec. 33 of the Standards of Weights and Measures (Enforcement) Act, 1985, and order passed therein including the order dtd. 9/2/2005.

(2.) Briefly stated, the Indian Oil Company is a government Company and petitioner no. 1 was the Chairman of Indian Oil Corporation having its corporate office at Scope Complex Core-2, 7 Industrial Area, Lodhi Road, New Delhi-100003 who was involved in framing broad policies and dealing with policy matters of the Company, having no concern with the day to day affairs of the Company at any material point of time.

(3.) Petitioner no. 2 was General Manager of I.O.C. and was involved in dealing with policy matters of I.O.C. within the State of West Bengal having no concern with the day to day affairs of the Company.