Representation of company as AR us 305

Querist : Anonymous (Querist) 03 September 2010 This query is : Resolved
Sir,

I am working with a company as Asst.Law officer. that my company were prosecuted under drugs and cosmatic act. that the court made our CMD and Company alongwith other three as accused and CMD represented the company as per the complaint. that as far as the CMD is concern we got a stay from H.C on showing some affidavit filed by the complainant in complaint alongwith other papers which was a affidavit file by some responsible designated person before Drugs controlling licensing authority for grant of license with words that he shall be personally liable for any prosecution under drugs and cosmatic act regardig to the drugs for which our company held prima facie laibe for prosecution.
that now my company wants that I represent the company before lower court for the purpose of cross examination and other things.
My query, 1.Is there any possiblity of my personal liablitiy in case I handled that case and involved directly as representative of company under section 305 Cr.P.C ?
2. In case, during the trail, If I left the Job from that company that what is my personal liability before court?

Regards

Dinkar Vidyarthi

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s.subramanian (Expert) 03 September 2010
No. You will not be personally liable for anything. If you leave the job,the company has to nominate some other officer to proceed with the matter.

Devajyoti Barman (Expert) 03 September 2010
You being the employee of the company , you are not personally liable. Only the Directors in certain circumstances are liable.
As a person has made personal guarantee at the time of license , I do not think you could testify in his place and stead though you could surely represent the company.After you leave the company you may be called in the court for your cross examination if you have not faced so during your tenure. Moreover if you have got any personal link with the dispute then also you may be called to restify. Leave or termination does not discharge your liability to make any evidence if called for.

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