Former In-House Counsel Not Liable for Company's Packaging Violations Without Statutory Responsibility: Karnataka High Court

Karnataka High Court quashes Legal Metrology prosecution against former legal officer

The Karnataka High Court quashed criminal proceedings against Prashant Kumar Joshi, a former General Manager (Legal) associated with Pearson Education/Dorling Kindersley (India), in a prosecution arising from alleged packaging-label violations.

An Inspector of Legal Metrology had found a pre-packed engineering drawing textbook in 2012 that allegedly omitted mandatory particulars such as the manufacturer's name and address, maximum retail price, net contents and consumer-care information. Proceedings were initiated under the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011.

No allegation of statutory responsibility

Justice H.P. Sandesh noted that the complaint did not allege that Joshi was the person nominated under Section 49 of the Legal Metrology Act or that he was in charge of and responsible for the conduct of the company's business. The company itself had also not been arraigned as an accused.

The Court relied on principles governing corporate criminal liability and held that a legal designation by itself cannot automatically create vicarious criminal liability where the statute requires a specific connection with the company's business or compliance responsibilities.

Final outcome

The proceedings against Joshi were quashed as an abuse of process and a miscarriage of justice.

Case: Prashant Kumar Joshi v State of Karnataka

Judge: Justice H.P. Sandesh

For Petitioner: Shrikara P.K. and Ganapati Hegde

For State: High Court Government Pleader M. Divakar Madhu

Source: https://www.barandbench.com/news/litigation/karnataka-high-court-quashes-criminal-case-against-pearson-educations-former-in-house-counsel