1994 (3) TMI 118 - HC - Central Excise

Summary

Issues:
1. Whether the process issued against a company for an offence punishable under Section 9(1)(i) of the Central Excise & Salt Act is valid.
2. Whether individuals connected with a company can be held liable for offences committed by the company under Section 9AA(1) of the Act.
3. Whether the complaint discloses sufficient allegations against individuals connected with the company to proceed against them.

Analysis:
1. The petitioners sought to quash the proceedings in C.C. No. 1318/1989, arguing that a company cannot be imprisoned for offences under Section 9(1)(i) of the Act, citing relevant case law. The Court noted that a previous judgment held that a Magistrate cannot proceed against a company when the offence is punishable with compulsory imprisonment. Consequently, the Court found that the process against the company (A-1) was not valid.

2. The petitioners also contended that there were no specific allegations connecting petitioners 2 and 3 (A-2 and A-3) with the alleged offence, relying on Section 9AA(1) of the Act. The Court referenced case law stating that individuals can only be held liable if they were in charge of the company at the time of the offence. As the complaint lacked allegations showing the involvement of A-2 and A-3 in the company's affairs at the time of the offence, the Court concluded that there were insufficient grounds to proceed against them.

3. The Court emphasized that for individuals to be held liable for a company's offence, it must be established that they were responsible for the conduct of the business at the time of the offence. Citing previous judgments, the Court highlighted that mere positions as Managing Director and Director are not sufficient to establish liability. As the complaint failed to provide essential allegations connecting A-2 and A-3 with the company's affairs at the time of the offence, the Court quashed the proceedings against them in C.C. No. 1318/1989. The Court allowed the respondent to initiate fresh action against A-2 and A-3 if warranted by law.