Vicarious criminal liability in customs and gold control complaints needs specific averments; vague allegations cannot sustain prosecution.

Vicarious criminal liability under the Customs Act and Gold Control Act requires specific foundational averments showing that the accused were in charge of, or responsible for, the affairs of the firm, or otherwise concerned in the offence. The complaint alleged contraband possession by the firm, but the firm was not made an accused and the allegations against accused Nos. 3 to 5 were found vague and insufficient. Proceedings against those accused, including the petitioner, could not be sustained and were quashed, while the complaint could continue against accused Nos. 1 and 2.

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Issues: Whether the complaint contained the necessary averments to fasten vicarious liability on the partners for offences under the Customs Act and the Gold Control Act, and whether the proceeding could continue against them.

Analysis: The complaint alleged possession of contraband gold and diamonds by the firm, but the firm itself was not made an accused. The Court found that the statutory provisions dealing with liability of directors, managers and other persons required specific averments showing that the accused were in charge of, or responsible for, the affairs of the firm or were otherwise concerned in the possession or offence. The allegations against accused Nos. 3 to 5 were held to be vague and insufficient, while the complaint disclosed a sufficient basis to proceed against accused Nos. 1 and 2.

Conclusion: The complaint was not maintainable against accused Nos. 3 to 5, including the petitioner, and the proceeding was quashed as against them, while it was allowed to continue against accused Nos. 1 and 2.

Final Conclusion: The order granted partial relief by terminating the prosecution only against the accused for whom the statutory ingredients were not properly pleaded, without affecting the case against the remaining accused.

Ratio Decidendi: Where vicarious criminal liability is alleged under statutory provisions, the complaint must contain specific foundational facts showing the accused's responsibility for the business or offence; absent such averments, proceedings against those persons cannot be sustained.

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