1978 (9) TMI 56

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....tch of Customs Officers searched the shop room of M/s. Thakorlal Hiralal Co. at premises No. 9, B.B.D Bag (East) Calcutta. Pursuant to that search some contraband primary gold and diamonds, for which proper account was not found to have maintained and whose possession could not be satisfactorily explained, were seized. The same were reasonably believed to be smuggled goods. The accused Nos. 1 and ....

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....the company has not been made an accused. Hence for the alleged possession by the company, the petitioner cannot be vicariously made liable. There is no independent allegation against the petitioner and the partners. The case of State of Madras v. C. Earekh in AIR 1971 S.C. 447 has been cited to show that the Manager and Director of a company cannot be convicted by applying Section 10 of the Essen....

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.... 2 aided and abetted the accused Nos. 3 to 5 in their omissions and commissions and so all of them are liable to be penalised. The facts of the State of Madras case are different. Reference may be made to the decision of Amarnath v. State of Haryana - AIR 1977 S.C. 2185 to show that Mr. Justice Fazal Ali has stated that when a matter has touched important rights or liabilities of a party, it is no....

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.... some averments have been made against the accused Nos. 3 to 5. But those allegation are absolutely vague. There is no independent allegation against those three persons that they were in charge of the affairs of that firm or they were in possession of such gold, diamonds etc. In the absence of such allegation in the petition of complaint it must be held that the ingredients of the offence under S....