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Clerk working with company during import of machinery not instrumental in conducting business or responsible for contravention. Director inducted later not liable for past acts when no manufacturing activity. Mere designation insufficient for vicarious liability under FERA, averment of being in-charge and responsible for business conduct at relevant time required as per precedent. Appeal allowed, impugned order set aside, pre-deposit to be returned with interest, bank guarantee discharged.
Clerk working with company during import of machinery not instrumental in conducting business or responsible for contravention. Director inducted later not liable for past acts when no manufacturing activity. Mere designation insufficient for vicarious liability under FERA, averment of being in-charge and responsible for business conduct at relevant time required as per precedent. Appeal allowed, impugned order set aside, pre-deposit to be returned with interest, bank guarantee discharged.
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