Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1947 - HC - Indian LawsSanction for prosecution to file a complaint - principles of vicarious liability - it is submitted by the State counsel that the applicant is the nominee of the Company and, therefore, he can be prosecuted even in absence of the Company - Section 66 of the Food and Safety and Standards Act, 2006 - HELD THAT:- It would be clear that Satya Sai Agroils Private Limited is the manufacturer of soya products, however, the Company has not been made an accused and the applicant is being prosecuted in the capacity of nominee of the Company. The applicant cannot be held vicariously liable for offence committed by the Company in absence of prosecution of Company. Therefore, this Court is of the considered view that as the Company which is the manufacturer of soya products, has not been arraigned as an accused, the applicant cannot be held vicariously liable. There is no allegation against the applicant in his personal capacity. Therefore, the prosecution of the applicant, is bad in law. Application allowed.
|