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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
URMILA JOSHI-PHALKE
Mukesh, S/o Hari Butani – Appellant
Versus
State of Maharashtra through the Inspector, Legal Metrology – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. Heard.
2. Admit
3. Heard finally with the consent of the learned counsel for the applicant and learned APP for the State.
4. The application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the proceeding Summary Criminal Case No.1129/2015 filed by the Inspector of Legal Metrology, pending before the 5th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Amravati, for quashing.
5. The criminal complaint is filed against the present applicant alleging that the complainant is the Inspector of Legal Metrology appointed under Section 14 of the Metrology Act, 2009 and empowered under Sections 13 and 14 of the said Act and also as per Section 190 of the Criminal Procedure Code, 1973 to prosecute the accused under Legal Metrology Act.
6. As per his allegation, during inspection visit to the premises of M/s Walmart India Private Ltd. and on inspection of the sealed packages of “Sensodyne Ultra-Sensitive (Specially Designed for people with sensitive teeth), Fresh Gel”. It reveals that the manufacturer has not written name and address of manufacturer, commodity name, total number of the retail packages. The
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Directors cannot be held liable for a company's criminal acts without specific allegations of their involvement; mere directorship is insufficient for establishing vicarious liability.
Vicarious liability under the Drugs and Cosmetics Act requires specific averments in the complaint to establish that individuals were in charge of and responsible for the conduct of the business at t....
Vicarious liability under the Drugs and Cosmetics Act, 1940 arises if the person was in charge and responsible for the day-to-day affairs of the company at the time of the offence, and the company mu....
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