Decided on August 18,1970

Javantharaj Guleeha And Another Respondents


- (1.) Third Javanthirajj Gulecha, the first Respondent herein Is a licensed pawnbroker, carrying on business at No 56 Mettu Street, Ayyanavaram Madras The second Respondent Is his son, The beam scale and the weights kept by him for weighing jewels etc., pledged with him were checked and verified in the second quarter of the year 1966. Rule 10(1) of the Madras Weights and Measures (Enforcement) Rules, 1967, provides that the scales and measures should be verified once in a year. This was not done. Therefore, the Assistant Inspector of Labour, 11th Circle, Madras, filed a complaint against them before the Chief Presidency Magistrates. Egmore, for contravention of this rule, read with Sections 11. and 25 of the Madras Weights and Measures Act, 1958.
(2.) The Respondents contended that they were not carrying trade, business or commerce In bullion or precious stones within the ambit of Rule 10(1) that they would be coveted only by Rule 10(2) which states that such a verification should be done once in two years. Observing that the Respondents brokers were not dealing with bullion as such or precious stones, the learned Chief Presidency Magistrate held that the charge was not sustainable The State has preferred this appeal challenging this decision.
(3.) Section 11 of the Madras Weights and Measures (Enforcement) Act. 1958, states that no weight or measure or weighing or measuring instrument shall be used in any transaction for trade, balsas or commerce unless it has been verified or re-verified So accordance with the rules made under this Act and stained in the prescribed manner by an Inspector, with a stamp of verification. Section 25 provide the punishment for the contravention of Section 11 of the Act. Rule 10 (1) reads as follows: All weight, measures and weighing instruments used in transaction for trade Business or commences In bullion and previous stones or by a factory to which the Factories Act, 1948 applies or by a railway administration operating any railways defined In Clause 20 of Article 366 of the Constitution or mines Act 1952 and all measuring the Indian Mines Act 1952 and all measuring Instruments and tack lorries used in transitions for trade, business or commerce shall be verified and stamped in accordance with the Act and these rules at least once in every twelve months. Clause (2) states that all weight measuring and weighing instrument used or intended to be used in all transaction for trade, business or commerce other than those specified In Sub-rule (1) shall be verified and stamped in accordance with the Act and these rules at least once In two years." The contention of the prosecution is that the facts fall under Rule 10 (1) of the rule. "Bullion" Is not defined either In the Act. Encyclopedia Britannica (Volume IV page 373) defines 'bullion' as below: Bullion is a name given to gold and silver considered solely as merchandise. It may be bar gold, gold dust or coins of many different degrees of fineness. Webster III, New International Dictionary defines 'buillion' (page 294) as uncoiled gold or silver in the shape of bars, ingots or comparable masses." Concise Oxford dictionary defines "bullion" as "gold or silver before coming or manufacture. It may also be solid or real gold or silver". Law Lexicon defines it at page 161 as "uncoiled gold or silver". Under Notification No. 12 (11)-F-1/48 dated 25th August, 1948, Issued under Section 8 of the Foreign. Enchange Regulations Act, 1947, except with the general or special, permission of the Reserve Bank, import of any gold coin, gold bullion, gold sheets or gold Ingot, whether refined or not, Is prohibited. The expression "bullion" is not defined in the Act, in page 85 of the Law relating to Foreign Exchange in India, by S.R. Vakil, we have the history about the expression 'bullion". This word is desired from the French word "bullion". "Gold and silver are called so, either when arrested from the native ore and not preferably defined or when they are perfectly refined but roiled down into bars or ingots, or into any unweight body of any degree or fineness.";

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