food adlt.

Querist : Anonymous (Querist) 11 February 2010 This query is : Resolved
in a food adlt. matter, accuse was authorised rep. of company, after his death what step can take court to continue prosecution?

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A V Vishal (Expert) 11 February 2010
The facts of the case are not disclosed by you in the query. The court can proceed against the company since a company has perpetual sucession and only the authorised rep of the company is dead.

Raj Kumar Makkad (Expert) 11 February 2010
I do agree with vishal. As the original prosecution had been initiated against the company and that company is still alive hence substituted person shall now be impleaded as an accused.

Arvind Singh Chauhan (Expert) 11 February 2010
I am of the different views from learned seniors. In my opinion court can not proceed suo moto. As being a criminal matter how another person can be substituted. I think separate complaint can be filed. But it also will not suceed as, why these persons against whom the new complaint is being filed, were left in earlier complaint. Honble seniors please correct me if i am wrong.

A V Vishal (Expert) 11 February 2010
Arvind

Refer S.17(3)(b) of The Prevention of Food Adulteration Act & Rules

Raj Kumar Makkad (Expert) 12 February 2010
Arvind! The case ia against the company and not against the individual. These authorized representatives have to face the trial being the signatory of the company.

Sukhija (Expert) 12 February 2010
Opinion of Raj sir is rt, as accused was authorised representative of company.

Arvind Singh Chauhan (Expert) 12 February 2010
Respected Vishal And Raj Sir! thanks to correct me.

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