1987 (8) TMI 107

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..... br>I.S. Tiwana, J. [Judgment (Oral)]. - The three petitioners, along with the Company, M/s. Pressure Cookers and Appliances Ltd. are being proceeded against in a complaint filed under Section 9 of the Central Excises and Salt Act, 1944 (for brief, the Act) in the Court of Chief Judicial Magistrate, Jalandhar. They pray for the quashing of the said complaint and the proceedings taken therein so fa .....

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..... malities. M/s. P.C.S. Limited Nangal Shama have thus rendered themselves liable to punishment under Section 9 of the Central Excises and Salt Act, 1944." 3. But for this there is not even a whisper or a remote reference as to in what manner these petitioners were in any way concerned with the commission of the above noted offence. Their learned Counsel urges with some amount of vehemence that the .....

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..... ord in the whole complaint whereby it is specified that any of these petitioners enjoyed the above noted status as is sought to be urged or were in any way concerned with the manufacture of goods which the company is stated to be producing. In the absence of any such allegation there cannot possibly be any conclusion other than the one that the complaint against the petitioners is not maintainable .....

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..... mmon ground that the complaint clearly contains the allegations regarding the visit of the Inspector to the shop of respondent No. 6 (Madan Lal) and that the sample taken by him, which was sent to the Public Analyst, was manufactured by Upper Ganges Sugar Mills, Daryaganj, Delhi, having its registered office at Calcutta and that the Public Analyst found the samples to be adulterated. There is no d .....

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..... of the Company, the learned Counsel does not appear to be justified in drawing any support from the observations made by their Lordships of the Supreme Court in the above noted case. 5. In the light of the discussion above I allow this petition and quash the complaint and the proceedings against the petitioners now pending in the Court of Chief Judicial Magistrate, Jalandhar.
Case laws, Deci .....

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