Corporate officer liability requires proven consent, connivance or neglect; a commercial manager's designation alone cannot sustain conviction.
Corporate officer liability requires proof that the company offence was committed with the officer's consent or connivance, or was attributable to the officer's neglect. Mere designation as commercial manager, without evidence linking the individual to the manufacture or sale of milk or otherwise establishing a nexus with the offence, does not attract vicarious criminal liability. The conviction and sentence against the commercial manager could not stand. The defence that the product was toned milk rather than adulterated buffalo milk failed because it lacked supporting circumstances and was not pursued through prompt testing of the retained sample.
Issues: (i) Whether the applicant, being a commercial manager of the company, could be held liable for the offence in the absence of proof of consent, connivance, or neglect under the company-liability provision; (ii) Whether the defence that the article sold was toned milk, and not adulterated buffalo milk, displaced the conviction.
Issue (i): Whether the applicant, being a commercial manager of the company, could be held liable for the offence in the absence of proof of consent, connivance, or neglect under the company-liability provision.
Analysis: The company was a separate legal entity and the statutory scheme contemplated prosecution of the company itself, with vicarious liability of directors, managers, secretaries, or other officers arising only where the offence was committed with their consent or connivance, or was attributable to their neglect. The record contained no evidence connecting the applicant with the manufacture or sale of the milk or showing any nexus between him and the offence. Mere designation as commercial manager was insufficient to attract liability.
Conclusion: The applicant was not liable for the offence, and the conviction could not be sustained against him.
Issue (ii): Whether the defence that the article sold was toned milk, and not adulterated buffalo milk, displaced the conviction.
Analysis: The contention was found unsupported by the surrounding circumstances, including the absence of any prompt step to have the retained sample tested on that footing. The lower courts had rejected the contention, and no material emerged to dislodge that view.
Conclusion: The defence regarding toned milk failed.
Final Conclusion: The revision succeeded on the question of individual liability, and the sentence and conviction could not stand against the applicant.
Ratio Decidendi: A company officer cannot be convicted for an offence committed by the company or its employee unless the statute's conditions for vicarious liability are proved by evidence of consent, connivance, or neglect.