Leave Out The Company, And The Case Against Its Manager Falls Too
A legal metrology inspector prosecuted a publishing company's legal head over a textbook package missing required details. The Karnataka High Court has quashed the case.
The Court held the company itself was never made an accused, and there was no averment that the manager was in charge of its affairs or nominated under Section 49 of the Legal Metrology Act. Prosecuting him in those circumstances was an abuse of process. The proceedings were quashed.
- Name the company. Vicarious liability needs the company as an accused.
- A job title is not enough — the complaint must say who was in charge.
- Nominated persons matter under Section 49 of the Act.
- His co-accused had already been cleared on similar grounds.
- Court
- High Court of Karnataka at Bengaluru
- Bench
- Justice H.P.SANDESH
- Citation
- Crl.P. No. 6547 of 2019
- Case
- Crl.P. No. 6547 of 2019
- Decided
- 11 September 2026
- Outcome
- Criminal petition allowed; Legal Metrology proceedings quashed
The complaint
In January 2012 a legal metrology inspector found a pre-packed engineering textbook at a Bengaluru distributor's premises that was said to lack mandatory declarations under the Packaged Commodities Rules.
A complaint was filed against the publisher's General Manager (Legal) and another person, and the Magistrate took cognizance in July 2012. The company itself was not made an accused.
Why it was quashed
Following Supreme Court rulings on vicarious liability, the Court held that where the company is not arrayed as a party, the prosecution of its officers cannot proceed.
Nothing in the complaint said the petitioner was in charge of the company's affairs, nor that he had been nominated under Section 49 of the Legal Metrology Act. The Court had already quashed the case against the other accused for the same kind of reason.
Continuing the prosecution would be an abuse of process amounting to a miscarriage of justice.
The result
The petition was allowed and the proceedings against the petitioner quashed.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can an employee be prosecuted if the company is not an accused?
Not for vicarious liability, the Court held, and the case was quashed.
Does a senior job title make me liable?
Not without an averment that you were in charge or nominated under Section 49.
If you are prosecuted for your company's packaging lapse
- Check whether the company itself is an accused.
- Look for an averment that you were in charge of its affairs.
- Confirm whether you were the nominated person under Section 49.
- Seek quashing early, citing any co-accused already cleared.
Source. High Court of Karnataka at Bengaluru, Crl.P. No. 6547 of 2019, decided 11 September 2026 by Justice H.P.SANDESH. This explainer is written from the judgment text as reported.
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