Companies Act, 1956-Section 630:

Wrongful withholding of property of company--Petition against family

members of deceased employee-Maintainability of-Held: Such petition is

maintainable and the accused are liable to be prosecuted under Section 630

since all those who come in possession of premises with express and implied

consent of employee including his family members and do not vaca/e the

premises would be withholding delivery of property to company-It would

also include anyone inducted in possession of property by such persons and

who continue to withhold the property-Code of Criminal Procedure, 1973,

Section 482.

Object of-Discussed.

Interpretation of Statutes-Construction of-Object a/Section 630 being

to retrieve property of company thus not a penal provision as normal attributes

of crime nnd punishment not present-Thus principle of strict construction

relating to criminal statutes not applicable-Companies Act, 1956, Section

630.

Constitution of India, 1950-Article 2 I-Protection of life and personal

liberty-Wrongful withholding of property by employee or anyone claiming

through him of such property-Penalty and prosecution under Section 630-

Violation of Article 2 I-Held: Possession of properties by employee or anyone

claiming through him of such property is unlawful and recovery of the same

on the pain of being committed to a prison or payment of fine not unreasonable

or irrational or unfair to attract rigour of Article 21-Companies Act, 1956,

Section 630.

Words and Phrases:

"Employee or anyone" claiming through him-Meaning of in the context

of Section 630 of the Companies Act, 1956.

"Withholding "-Meaning of.