Case Note & Summary
The petitioner, Rafel Del Riyo, Managing Director of Syngenta India Limited, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in C.C. No. 7/2021 pending before the Senior Civil Judge & JMFC, Byadgi, Haveri District. The proceedings were initiated for offences punishable under Section 6(a) read with Section 19(a) of the Seeds Act, 1966. The complaint alleged that on 12-11-2020, a product manufactured by the petitioner was seized by the Agricultural Officer and Seeds Inspector. The petitioner contended that the complaint did not contain any specific allegations regarding his role as Managing Director or that he was responsible for the day-to-day affairs of the company. The High Court examined the complaint and found that it merely stated that the petitioner was the Managing Director without any averment that he was in charge of or responsible for the conduct of the business. Relying on the principle that vicarious liability cannot be imposed without specific statutory provision or factual basis, the court held that the proceedings against the petitioner were an abuse of process. The court quashed the complaint and all proceedings against the petitioner.
Headnote
A) Criminal Law - Vicarious Liability - Managing Director - Seeds Act, 1966, Sections 6(a) and 19(a) - Quashing of Complaint - The complaint did not contain any specific allegation that the petitioner, as Managing Director, was responsible for the day-to-day affairs of the company or that he had any role in the alleged seizure of seeds. Held that in the absence of such allegations, the proceedings against the petitioner are an abuse of process of law and liable to be quashed (Paras 5-7).
Issue of Consideration
Whether criminal proceedings under the Seeds Act, 1966 can be sustained against the Managing Director of a company in the absence of specific allegations of his involvement in the alleged offence.
Final Decision
The petition is allowed. The proceedings in C.C. No.7/2021 pending before the Senior Civil Judge & JMFC, Byadgi, Haveri District, including the summoning order dated 16.03.2021, are quashed.
Law Points
- Vicarious liability
- Criminal liability of directors
- Seeds Act
- 1966
- Section 482 Cr.P.C.
- Quashing of complaint
