SHORT NOTE
GUJARAT HIGH COURT
J.B.Pardiwala, J.
Subrata Roy Sahara—Applicant
versus
State of Gujarat & Ors.—Respondents
Special Criminal Application (Quashing) No.5717 of 2015
Decided on 6.10.2015

IMPORTANT POINT
Magistrate cannot take cognizance of offence without proper verification of facts.

Headnote:Food Safety and Standards Act, 2006—Section 66—Commission of offence by company—Vicarious liability of Director of company—There is not a single averment in complaint lodged by Food Safety Officer that applicant is Director of company and is responsible for day-to-day affairs and management of same—Without any proper verification in this regard, Magistrate proceeded to take cognizance upon complaint and issued process—Notice issued to respondents.

        Held: Mr. Kavina read over the entire complaint and prima-facie it appears that there is not a single averment in the complaint lodged by the Food Safety Officer of the Junagadh Municipal Corporation, that the applicant herein is the Director of the company and is responsible for the day-to-day affairs and management of the same.

        Mr. Kavina further submitted that without any proper verification in this regard, the learned Magistrate proceeded to take cognizance upon the complaint and issued process. The learned senior counsel has placed reliance on the following decisions of the Supreme Court.

       Let notice be issued to the respondents, returnable on 6.1.2016. Mr. Pandya, the learned APP waives service of notice for and on behalf of the respondent No.1. Direct service on respondents Nos. 2, 3 and 4 is permitted.

       Result: Notice issued.