RAM DUTT GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this application filed under Sections 401 and 482 Cr. P.C. the petitioners pray for quashing of the proceeding of G.R. Case No. 1443 of 1982 which has been initiated against them On a charge-sheet submitted by the Police. The allegations in the charge- sheet are that the petitioner as partners of Rama Trading Company, violated the provisions of certain orders framed under the Essential Commodities Act for which they are liable for prosecution U/S. 7 of the said Act. On perusal of the chargesheet on which the cognizance was taken, we find that allegations have been made only against the petitioner No. I, Rama Dutta Gupta, who allegedly was found working after the business of the shop at the time the violation was allegedly detected.

(2.) UNDER section 10 of the Essential Commodities Act when an offence is committed by a company, the Company as well as the persons responsible to the company for the conduct of the business of the company are liable to be proceeded against and punished. The Company under the said definition includes a firm. As stated earlier in the charge sheet, there are no materials to suggest even prima facie that the petitioner Nos 2, 3 and 4 were in charge of and were responsible to the firm for the conduct of the business. In such circumstances, the learned Magistrate was not justified in issuing process or framing charge against those petitioners. In the result, the application succeeds in part. The proceeding as against the petitioner Nos. 2, 3 and 4 is hereby quashed and the learned Magistrate is directed to proceed against the petitioner No. 1, Ram Dutta Gupta, in accordance with Law.