In Crl.MC.No.929 of 2012, the Kerala High Court dismissed the petitioner’s application to quash criminal proceedings initiated under the Legal Metrology Act regarding the marking 'when packed' on solvent cement bottles. The court held the contention lacked merit.
Petition to quash the complaint and proceedings arising therefrom is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`
Crl.MC.No. 929 of 2012 ()
(S.T.NO.996/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPILLY)
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PETITIONER/ACCUSED:
P.M.IMMANUEL, AGED 61 YEARS, S/O.LATE MANI, MANAGING PARTNER, EMSON ENTERPRISES KOTHANELLUR,KOTTAYAM-686 632.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM PIN-682031.
2. THE INSPECTOR, LEGAL METROLOGY,KARUNAGAPPILLY, PIN 690 518.
BY PUBLIC PROSECUTOR SRI.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
Crl.MC.No. 929 of 2012 () -------------------------
APPENDIX
PETITIONER(S) ANNEXURES ANNEXURE-A1 TRUE COPY COMPLAINT DATED 3/6/2011 ANNEXURE-A2 TRUE COPY OF MAHAZAR 7/12/2010 ANNEXURE-A3 TRUE COPY OF SUMMONS TO PETITIONER.
RESPONDENTS' EXHIBITS : NIL ----------------------
/ TRUE COPY /
P.A. TO JUDGE
VK
S.S.SATHEESACHANDRAN, J.
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Crl.M.C.No.929 of 2012
----------------------------------------------Dated this the 3rd day of October, 2012
O R D E R
Petitioner is being presented on a complaint filed by the Inspector, Legal Metrology, Karunagappally filed under Section 63 of the Standards of Weights and Measures (Enforcement) Act, 1985 for offences punishable under Section 39 of the Standard of Weights and Measures Act, 1976 and Rules 4 and 6(1) of the Standard of Weights and Measures (Packaged Commodities) Rules, 1977 read with Sections 33 and 51(1) of Standard of Weights and Measures (Enforcement) Act, 1985. Petitioner has moved the above petition to quash the complaint and the proceedings arising therefrom contending that no offence as imputed would lie on the allegations raised and facts and circumstances presented in the case.
Crl.M.C.No.929 of 2012
:: 2 ::
“solvent cement” packed and sold in plastic bottles. Such bottles are printed “when packed” in respect to the weight of the product contained in such package. Retailers who exhibited such articles for sale when prosecuted for the very same offence for violation of the Act and the Rules, it is stated, moved the department for compounding. Fine imposed on composition was remitted by them. However, petitioner alone resisted the prosecution contending that the violation imputed of over the product manufactured and sold by him with the caption “when packed” in the bottles do not constitute of any offence under the Act and the Rules.
Crl.M.C.No.929 of 2012
:: 3 ::
“when packed” would not amount to any violation at all. According to the counsel, the product manufactured by the petitioner, 'solvent cement' is a lotion falling under Schedule IV of the above Rules. To substantiate the proposition so canvassed no material has been produced. Prima facie, the contention raised by the petitioner with respect to the product 'M solvent” with reference to the annexures, has no merit at all.
I do not find any merit in the challenge raised by the petitioner for quashing the criminal proceedings against the petitioner. Petition is dismissed.
Sd/- (S.S.SATHEESACHANDRAN) JUDGE
sk/-
//true copy//
2 issues framed by the court
Whether printing 'when packed' on solvent cement bottles packed and sold by the petitioner constitutes an offence under the Standard of Weights and Measures Act, 1976 and Rules, 1977 given the product
Whether the complaint filed by the Legal Metrology department under Section 63 of the Standards of Weights and Measures (Enforcement) Act 1985 should be quashed.
5 provisions across 3 enactments
P.M.Immanuel
State of Kerala
The Inspector, Legal Metrology, Karunagappally
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
