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The bench was hearing a plea filed by the Raymond Group Chairman against the process issued to him by the magistrate court under the Legal Metrology Act.
A single-judge bench of the Bombay High Court at Nagpur comprising Justice GA Sanap has recently quashed and set aside an order passed by the magistrate issuing process against Raymond Group Chairman Gautam Singhania under the Legal Metrology Act.
The legal metrology officer had registered a case against Singhania after he visited a store of Reliance Trends Ltd and found that a package did not have a requisite declaration as per the Act. After a case was registered, the magistrate issued summons which was challenged before the Bombay High Court.
The other directors of the company were also booked and issued summons. However, after approaching the division bench of the Bombay High Court, relief was granted to them.
The counsel appearing for Singhania argued that the magistrate issued summons without considering Section 49 of the Legal Metrology Act. He also submitted that to fasten the vicarious liability on the applicant being Managing Director, there must be specific averments in the complaint attributing a specific role to the applicant.
The additional public prosecutor appearing for the state argued that the only difference between the case of the applicant and the remaining directors was that by his designation the applicant, would be required to face the prosecution.
The high court in its order recorded that there was no specific averment made against Singhania to fasten the vicarious liability.
The bench while allowing the application to set aside the summons issued noted that the magistrate was required to apply his mind to the law and facts.
"It is further seen that considering the scheme of the Act, particularly the provisions of Section 49 of the Act of 2009, the learned Magistrate, before issuing process, was required to apply his mind to the provisions of law and the facts. Learned Magistrate was required to record his prima- facie satisfaction about the role of the applicant before issuing process against him. Learned Magistrate, as can be seen from the order, has mechanically issued the process," noted the court.
Case title: Gautam Hari Singhania vs State of Maharashtra
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