TMI Blog2017 (7) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... esent complaint petition, there is no averment or statement whatsoever that the Appellant as the Managing Director of the Company was responsible or incharge of the conduct of the business of the Company in respect of which the offence in question has been alleged to have been committed. Neither there is any averment to the effect that the Appellant is otherwise connected or responsible for commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shing of the criminal proceedings instituted against him has been dismissed by the High Court. 3. The Appellant is the Managing Director of M/s. Castrol India Limited and is facing a prosecution Under Section 39 of the Standards of Weights and Measures Act, 1976 (for short 'the Act') read with Rule 4, 6, 8 and 23(1) of the Standards of Weights and Measures (Packaged Commodities) Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Managing Director of Castrol India Limited. 6. Section 74 of the Standards of Weights and Measures Act, 1976 which is in the following terms engrafts the principle of vicarious liability for offences committed by a Company. 74. Offences by companies and power of court to publish name, place of business, etc. of companies convicted - (1) If an offence under this Act is committed by a compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence in question has been alleged to have been committed. Neither there is any averment to the effect that the Appellant is otherwise connected or responsible for commission of any of the acts on the basis of which the offence(s) is alleged to have been committed. 8. It will not be necessary to burden this order by a detailed reference to numerous pronouncements of this Court interpreting sim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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