SHAM SUNDAR & ORS. vs STATE OF HARYANA

The Supreme Court held that under Section 10 of the Essential Commodities Act, 1955, there is no vicarious liability in criminal law unless explicitly stated in the statute. The Court clarified that the obligation for a partner to prove lack of knowledge or due diligence arises only if the prosecution establishes that the partner was in charge of the business at the time of the offence. The conviction of one partner was maintained due to evidence of his involvement, while the convictions of the other partners were set aside for lack of evidence linking them to the offence.