- (1.) THIS revisional application dated 14th September, 2004 challenges the prosecution launched against M/s. Bhaskar Tea and Industries Ltd. , which is one of the five accused persons in connection with Sessions Case No. 40 pf 1997 arising out of South Port Police Station Case No. 124 dated 14. 5. 1993 under Section 120-B/272 of the Indian Penal Code on various grounds which will be found in the subsequent paragraphs. An application was moved before the learned Additional Sessions Judge, Fast Track Court no. 1, Bichar Bhawan at Calcutta praying for dropping of the proceedings as against the said M/s. Bhaskar Tea and Industries Ltd. on the ground that the said company being a body corporate, cannot be fastened with criminal liability and accordingly, the prosecution against the said company is not maintainable.
(2.) THE learned Judge in the Court below observed in the order impugned dated 27. 8. 2004 that the question of maintainability of the proceedings as against the company cannot be taken up for consideration in isolation of the consideration of charge as against the other accused persons and the application of the accused No. 5 viz. the company can only be taken up for hearing on the date as was fixed for consideration of charge. Against the order of rejection of the petition of the company praying for immediate hearing of the petition pending hearing on consideration of charge in respect of the other accused persons, the company has come up with this revisional application on varieties of grounds as have been taken up by Mr. Amit Bhattacharjee, learned Advocate appearing for the petitioner, which include not only the legality of proceedings as against the company, but also as against the continuation of the proceedings as a whole against all the accused persons and it is, therefore, proper that each of the grounds has to be considered serially.
(3.) IT has been contended by Mr. Bhattacharjee that the company, which is a body corporate, and four other accused persons who are Directors of the said company have been sought to be prosecuted against on the charge under Section 272 of the IPC on the alleged ground that pursuant to a raid in the business place of the company, quantum of tea were seized which were found to have been grossly adulterated and in view of the West bengal Amendment of Section 272 of the IPC, the case as against the five accused persons including the company, has been committed to the Court of Session and the learned Additional Sessions Judge, Fast Track Court no. 2 at Bichar Bhawan, Calcutta is set to frame charge against the accused persons.;