Allowed

Secretary, v. State of Kerala

Kerala HC16 Mar 2020Crl.MC/2242/2020

Case brief

AI extract

What is this about?

This court quashed proceedings against a petitioner named as Secretary of a co-op society under the Cigarettes and other Tobacco Products Act, 2003. Held that since the company was not made an accused and the specific person responsible for the company's business conduct at the time of the alleged offence was unidentified, the prosecution was not sustainable.

What did the court decide?

The entire proceedings as against the petitioner in S.T.No.3819/2017 are quashed and the accused is discharged.

Secretary, Vs State of Kerala — Corruption | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

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Crl.MC.No.2242 OF 2020(A)

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AGAINST THE S.T.NO.3819/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, THRISSUR-1

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PETITIONER/4TH ACCUSED:

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SECRETARY, KERALA DINESH BEEDI WORKERS CENTRAL CO OP SOCIETY LTD, DINESH BHAVAN, PAYYAMBALAM.

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BY ADVS. SRI.V.B.UNNIRAJ SMT.R.S.GEETHA SMT.K.SEEMA SMT.ANITHA PUTHUSSERY

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 TECHNICAL ASSISTANT GRADE -1 AND DISTRICT HEALTH OFFICER (RURAL), DISTRICT MEDICAL OFFICE(HEALTH), THRISSUR - 680 001

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OTHER PRESENT:

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SMT V.SREEJA – PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2242 OF 2020(A)

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ORDER

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Dated this the 16th day of March, 2020

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The petitioner is the Secretary of Kerala Dinesh

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Beedi Workers Central Co-operative Society Limited. He has
been implicated as the 4th accused in S.T.No.3819/2017 on the
files of the Judicial First Class Magistrate Court-I, Thrissur, for
having allegedly committed an offence punishable under The
Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act 2003.

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2.The proceedings are sought to be quashed on the
ground that petitioner is not shown as an accused by his name
but by his official capacity as a Secretary of the Kerala Dinesh
Beedi Workers Central Co-operative Society Limited. It is
generally known fact that the Secretary is always a person in
flesh and blood and a criminal offence can be committed only
by a person in flesh and blood. The Secretary of the Kerala
Dinesh Beedi Workers Central Co-operative Society Limited,

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Crl.MC.No.2242 OF 2020(A)

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will keep on changing from time to time. Under Section 26 of
the Act, the company as well as every person who at the time
the offence was committed, was in charge and was responsible
for the quantity of the business of the company shall be
deemed to be guilty of the offence and shall be liable to be
proceeded against.

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3.In the instant case, the Society is not made an
accused. In Aneeta Hada V. Godfather Travels & Tours (P)
Ltd (2012 (5) Supreme Court Cases 661), the Honourable
Supreme Court has held that unless the company is made an
accused, there cannot be a valid prosecution. This court as in
Divisional Chief Executive, Tobacco Division, I.T.C. Ltd.
v. State of Kerala [2019 (4) KLT 257], held that in order to
make any person liable for an offence committed by a
company, that person should have been, at the time the
offence was committed, in charge of, and was responsible to,
the company for the conduct of the business of the company.
In the instant case, the Secretary is not named and therefore,
it is not known who was the person responsible for the conduct
of the Society at that point of time. Hence, the prosecution is

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Crl.MC.No.2242 OF 2020(A)

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not sustainable.

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In the result, the Crl.M.C is allowed and the entire
proceedings as against the petitioner in S.T.No.3819/2017 on
the files of the Judicial First Class Magistrate Court-I, Thrissur,
stands quashed under Section 482 Cr.P.C and the accused is
discharged.

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