BIRENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application in revision directed against the conviction of the petitioner under (as stated by the courts below) sections 7 (1) and 11 of the Bihar Weights and Measures (Enforcement) Act, 1959 (hereinafter called 'the Act') and the sentence of fine of Rs. 200 u/s, 11 or in default of one month's imprisonment, their being no separate, u/s, 7 of the Act.

(2.) The prosecution case is that the Inspector of Weights (P. W. 1) went to the flour mill belonging to this petitioner, and his brother (whose application has already been dismissed by this court) to inspect the weights and measures in use. He found the petitioner and his brother in the shop and the petitioner's brother viz., Surendra using weights of 2 kilograms and 500 grams which were unstamped, and also stone purporting to be weighing 100 grams, while weighting Sour to be sold to a customer. Besides this, he found other weights of stones said to be weighing 200 grams and 50 grams. The Inspector seized the stone weights and the unverified and unstamped weights and prepared a seizure list in the presence of P. W. 3 who signed the same. After getting the sanction of the Controller of Weights and Measures the Inspector filed the complaint.

(3.) The defence of the petitioner is that the flour mill was closed on the relevant date and the prosecution story is false and has been set up at the instance of one Upendra who was inimical to the petitioner. Both the courts below rejected the defence case and the evidence of the two witnesses produced in support thereof, and convicted the petitioner, as stated above.