2005 (5) TMI 327 - SUPREME COURT

Whether a company or a corporate body could be prosecuted for offences for which the sentence of imprisonment is a mandatory punishment?

Whether a company or a corporation, being a juristic person, can be prosecuted for an offence for which mandatory punishment prescribed is imprisonment and fine?

Held that:- Reject the argument on behalf of the appellants that Corporations cannot be prosecuted under section 56 of the FERA for the reason that mandatory punishment of imprisonment cannot be imposed on Corporations. Thus would like to answer the reference accordingly resulting in the appeal being dismissed. The remaining matters be listed before an appropriate Bench for disposal.