Corporate officer liability under the Essential Commodities Act depends on proving the company's own contravention.

Liability of company officers under the Essential Commodities Act arises only if the company itself is shown to have committed the contravention. Where the company was not prosecuted and the prosecution failed to prove that the company had violated the order, the statutory condition precedent for fastening criminal liability on directors or other officers was not met. A plea of guilty by the officers could not cure that foundational defect. The conviction was therefore unsustainable and acquittal followed.

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Issues: Whether the conviction of company officers could be sustained when the company itself was not prosecuted and the contravention by the company was not proved.

Analysis: Section 10 of the Essential Commodities Act fastens liability on persons in charge of a company only where the person contravening the order is the company itself. The liability of directors, managers or other officers arises only after the prosecution proves that the company committed the offence. In the absence of prosecution of the company, and without proof that the company itself contravened the order, the statutory condition precedent for fastening criminal liability on the officers was not satisfied. The plea of guilty by the accused could not cure the absence of this foundational requirement.

Conclusion: The conviction of the accused could not be sustained and they were entitled to acquittal.

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