IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1234/2014 BETWEEN:
THE MANAGING DIRECTORS AND DIRECTORS M/S.KALEESUWARI REFINERY PVT. LTD., HAVING ITS FACTORY AT NO.5 MAMBAKKAM ROAD VENGAIVASAL CHENNAI-600 073 1. SHRI G.MUNUSAMY CHAIRMAN AGED ABOUT 66 YEARS S/O.LATE GURUSAMY NADAR 2. SHRI G.KARUNAI ANANDAN DIRECTOR AGED ABOUT 53 YEARS S/O.LATE GURUSAMY NADAR 3. SHRI M.ARUN DIRECTOR AGED ABOUT 40 YEARS S/O.SHRI G.MUNUSAMY 4. SHRI K.ASHOK KUMAR DIRECTOR AGED ABOUT 26 YEARS S/O.SHRI G.KARUNAI ANANDAN 5. SMT.M.KALEESWARI DIRECTOR AGED ABOUT 61 YEARS W/O. SHRI G.MUNISAMY 6. SMT.K.KALAVATHI DIRECTOR W/O.SHRI G.KARUNAI ANANDAN BY THEIR AUTHORISED DIRECTOR MR.G.KARUNAI ANANDAN AGED ABOUT 53 YEARS S/O.LATE GURUSWAMY NADAR NO.53, RAJASHEKARAN STREET MYLAPORE, CHENNAI-600 004 … PETITIONERS (BY SRI R.SHANKAR LAL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ASST. CONTROLLER OF LEGAL METROLOGY FLYING SQUAD-1 NO.1, ALI ASKER ROAD BANGALORE-560 052 2. INSPECTOR OF LEGAL METROLOGY, NO.1 ALI ASKER ROAD FLYING SQUAD-1 BANGALORE-560 052 …RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.25368/2012 PENDING ON THE FILE OF I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AS AGAINST THE PETITIONER/SECOND ACCUSED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Second respondent – the Inspector of Legal Metrology filed a private complaint under Section 200 of Cr.P.C. before I Additional City Metropolitan Magistrate, Bengaluru. In the said complaint, the Managing Directors and the Directors of M/s.Kaleesuwari Refineries Pvt. Ltd., No.5, Mambakkam Road, Vengaivasal, Chennai-600 073, is shown as accused No.2.
2. Learned Magistrate on receiving the complaint directed summons to the petitioners herein. The petitioners have sought to quash the said proceedings inter alia contending that they have no connection whatsoever with the seized commodities. Accused No.1- Sri Suresh at whose shops the alleged packets were found is not the agent of the petitioners. There is not even a remote reference in the complaint or in the panchanama that the packaged packages seized from the shop of accused No.1 were either supplied or manufactured by the petitioners herein and therefore, the prosecution of the petitioners for the alleged offences punishable under Rules 4, 6(1) and 6(3) of the Legal Metrology (Packaged Commodities) Rules, 2011 and Sections 18(1) and 36(1) of the Legal Metrology Act, 2009, is wholly illegal and abuse of the process of Court.
3. The learned Additional Special Public Prosecutor submits that the petitioners herein are sought to be prosecuted in their capacity as the manufacturers of the packaged goods found in the shop of accused No.1.
4. There is nothing in the complaint to indicate that accused No.1 was found trading or selling packages of Cardia Extra Virgin Olive Oil supplied or manufactured by the petitioners. In the complaint, it is merely stated that on 16.03.2012 at about 4.30 p.m. the complainant inspected the premises of M/s.J.K.Traders and found “two pre packaged packages of 500 ml and one pre packed 11 quantity Cardia extra virgin olive oil and on these pre-packed bottles net quantity and MRP is declared in a separate sticker (label)”. There is no averment whatsoever in the complaint that the seized packages were supplied or manufactured by petitioner No.1.
5. Even in the panchanama, there is no reference as to the name of the manufacturer or supplier of the said packages. Under the said circumstance, the initiation of proceedings against the petitioners is illegal and baseless. The petitioners are vaguely mentioned as the Managing Directors and the other Directors of the Company, which further amplifies that without identifying the involvement of the petitioners in the alleged offences, the prosecution has been launched against the petitioners.
In the absence of necessary averments that the petitioners herein were involved either in the sale or manufacture of the aforesaid packaged commodities, in my view, the prosecution of the petitioners for the alleged offences is wholly illegal and cannot be sustained. Accordingly, the petition is allowed. The proceedings are quashed insofar as the petitioners are concerned.
Sd/- JUDGE LB