New Delhi: Centre on March 11 told the Delhi High Court that Rs 25.75 crore was
realised from Reliance Industries as "compoundable fee" for various "compoundable"
(non-serious) offences by the Department of Company Affairs but no "non-compoundable"
offence has so far been reported against its six groups.
Submitting a status report on the investigations carried by Department's Directorate
of Investigation and Inspection (DII), Additional Solicitor General K K Sud,
appearing for the government told a Bench comprising Justice Usha Mehra and Justice
Pradeep Nandrajog that no "non-compoundable offence is reported by the agency against
the group companies so far".
Section 320 of the Code of Criminal Procedure (CrPC) has listed certain "non-serious"
offences under various Acts as "compoundable" if an offender admits any violation of
the same and agrees to pay the penalty imposed by the adjudicating authority
appointed by the government.
However, no adjudicating authority has power to compound an offence not falling
within the definition of Section 320 and those have to proceed through prosecution in
the court of law.
"Action will certainly be taken for any such offence as per law, if the company was
found to have committed it," Sud submitted.
He said Rs 14.28 lakh was collected as compounding fee and Rs 25.61 crore as Investor
Education and Protection Fund from the six group companies of Reliance against which
the Department had ordered investigation in September 2001 under various provisions
of the Companies Act.
PTI