Supreme Court of India · 2009-03-04
Ballarpur Industries Ltd vs State Rep.By Dy.Supdt.Of ...
- Court
- Supreme Court of India
- Petitioner
- Ballarpur Industries Ltd
- Respondent
- State Rep.By Dy.Supdt.Of ...
- Bench
- D.K. Jain, R.M. Lodha
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the trial court's order discharging the appellant under Section 420 IPC, affirming that a company can be prosecuted for offences with mandatory imprisonment and fine, as established in Standard Chartered Bank & Ors. Vs. Directorate of Enforcement & Ors. (2005) 4 SCC 530. The Court clarified that while a company cannot be sentenced to imprisonment, it can still face prosecution and penalties in the form of fines. The appeal was dismissed, allowing the appellant to seek a fresh discharge application based on new evidence from the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT).