The Manager, v. the State of Kerala
Case brief
What is this about?
After quashing criminal proceedings against the manager of VST Industries Ltd. under the Cigarettes and Other Tobacco Products Act.
What did the court decide?
The proceedings against the petitioner alone in case S.T.No.5834/2016 are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
Crl.MC.No.1667 OF 2019(G)
AGAINST ST 5834/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS WADAKKANCHERRY
PETITIONER/4TH ACCUSED:
THE MANAGER, VST INDUSTRIES LTD., P.O.BOX NO. 1804. AZAMABAD, HYDRABAD 500020, THELUNGANA.
BY ADVS. SRI.BECHU KURIAN THOMAS (SR.) SMT.R.S.GEETHA SRI.ENOCH DAVID SIMON JOEL SMT.K.SEEMA SMT.P.ANITHA SRI.V.B.UNNIRAJ
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
Issues for consideration
3 issues framed by the court
Whether criminal proceedings against the manager of a company are maintainable for offences committed by the company without naming the company as an accused.
Whether the complaint adequately alleges the manager was in charge of and responsible for the company's business at the time of the alleged offence.
Whether criminal proceedings should be quashed due to identification of the accused by official capacity rather than by name.
Parties & counsel
- petitioner
The Manager, VST Industries Ltd.
- respondent
The State of Kerala
- respondent
The Medical Officer in charge Primary Health Centre, Kadangode
Coram
Case details
As recorded by the court registry
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