9911796707
TMI Blog2011 (4) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... C. Ghosh, Advocates, for the Appellant. Shri Avijit Bhattacharjee and Mrs. Sarbani Kar, Advocates, for the Respondent. [Order]. - This order will dispose of all the appeals referred to above. 2. The facts have been taken from criminal appeal No. 1129/2006. The matter arises out of a complaint under Section 19 of the Standards of Weights and Measures Act, 1976. In the complaint it has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the affairs of the Company. It was pointed out that in the complaint the bare language of Section 74 had been reproduced without naming any body as being responsible for the day-to-day affairs of the Company. The averment made in the complaint which is relevant to the matter is reproduced below : "That the persons committed this offence are companies. So every person at the time of offence was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... responsible to the Corporation relating to its day-to-day affairs of the Corporation at the time of commission of the alleged offence, the present application deserves to be allowed in part and the proceeding against the said petitioner No. 1 M.B. Lal is to be quashed." 4. Today, before us, Mr. Pradeep Ghosh, the learned senior counsel for the appellant, has argued that the allegations again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two. It has to be borne in mind that in prosecutions in such like cases no roving enquiry is permissible and an obligation rests on the prosecution to give details so that the persons responsible so that the trial can proceed against them. We are therefore of the opinion that the appeal qua the present appellant ought to succeed. 7. We accordingly allow these appeals; set aside the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
