N. K. JAM, J. ( 1 ) ALL these revisions involve a common question of law, hence, taken up together and are being disposed of by this common order. ( 2 ) HEARD Shri C. L. Yadav, LC for the applicants and Shri G. Desai, learned pp for the respondent- State. ( 3 ) THE cases giving rise to these revisions are instituted by police Shajapur in the, Court of Special Judge, Shajapur under Section 3/7 of the Essential Commodities Act 1955. Accused-applicants in all these cases are the employees of a manufacturing company carrying their manufacturing activities in the State of Uttar Pradesh. They are manufacturing chemical fertilizer. ( 4 ) IT is a common ground that local vendor from whom the sample of fertilizer was drawn by the Fertilizer Inspector has not been made accused in the case. The company as also its directors have also not been prosecuted. ( 5 ) A short question thus arises for consideration is whether the Special Court at Shajapur in Madhya Pradesh has jurisdiction to try the offence against an employee of the manufacturing company having its operation outside the jurisdiction of that Court. ( 6 ) SIMILAR question has arisen before various High Courts in the country and there has been near unanimity amongst all these High Courts that where only the manufacturers are sought to be prosecuted for any such offence without impleading the local vendor, then the prosecution can be launched only at the place where actual manufacturing process is being undertaken. I respectfully agree with the view taken by the aforesaid High Courts. ( 7 ) THE accused-applicants are being prosecuted for the offence allegedly committed by the company, who are carrying on their manufacturing activities outside the jurisdiction of the Court below. No sample was drawn by the prosecuting agency from the manufacturing company or the applicant herein. The sample was drawn from a local vendor at Shajapur, but the same is not made accused in the case. On the contrary, they have been cited as witnesses in the case. It was, only when local vendor as well as manufacturer are made accused in the case that the case could proceed either at Shajapur or at the place of manufacture. On the contrary, they have been cited as witnesses in the case. It was, only when local vendor as well as manufacturer are made accused in the case that the case could proceed either at Shajapur or at the place of manufacture. But, when only manufacturer company or its employee is sought to be prosecuted, then the prosecution could be launched only at the place where manufacturing activity is being carried on. On this short ground alone these prosecutions must fail. ( 8 ) IT is further significant to note that the applicants are being prosecuted by taking recourse to section 10 of the Essential Commodities Act. Section 10 provides for offences by companies. It further provides that when an offence is committed by a company then every person who, at the time of contravention was committed, was in charge of and was responsible to the company for: the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. ( 9 ) IN the instant case, however, neither the company nor its directors have been made accused in the case. Simply because a particular employee is responsible for a particular activity in the company he cannot be held liable for such an offence without impleading the company. However, I leave this question here only as the instant prosecution must fail on the ground of jurisdiction alone. ( 10 ) THESE revisions thus succeed and. are allowed. The charge framed against the applicants as also the entire prosecution against them are quashed. ( 11 ) THIS order shall not however, preclude the prosecution from initiating action against the manufacturer company at the appropriate forum, if otherwise not forbidden by law. ( 12 ) THIS order be retained in Criminal Revision No. 182/98 and a copy each be filed in other revisions (No. 183/98. 184/98 and 185/98 ). Revision allowed. .