KEDAR APTE Vs. INSPECTOR LEGAL METROLOGY

JUDGEMENT

(1.) The petitioner is the 2nd accused in ST No. 1421/05 on the file of the Judicial First Class Magistrate Court, Changanacherry. He is sought to be prosecuted on the allegations that Ms. Hindustan Lever Limited had committed the offence of violation of R.12(6) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (herein after referred for short 'Rules' only) and that he was its Sales & Customer Manager. The above CrlMC has been filed with the prayer to quash Annexure A2 complaint in ST 1421/05 on the file of the Judicial First Class Magistrate Court, Changanacherry. The brief facts of the case are as follows:

(2.) On 19/11/04, the Inspector of Legal Metrology, Changanacherry, the 1st respondent, inspected the premises of M/s. S. V. Pai and Brothers, Changanacherry and seized three packages containing Huggies Nappi pads (with Leak Lock Tape) on the ground that it did not contain the mandatory declarations as envisaged under R.12(6) of the Rules and hence, violated the Rules and S.39 of the Standards of Weights and Measures Act for short 'the Act' only. Annexure A1 show cause notice was then issued by the 1st respondent and thereafter Annexure A2 complaint was filed. On Annexure A2 complaint, the learned Magistrate took cognizance on 30/05/05 and thereafter issued summons to the petitioner and others. According to the petitioner, continuance of proceedings based on Annexure A2 complaint in ST No. 1421/05 would be abuse of process of Court and hence, to secure ends of justice, it is liable to be quashed.

(3.) I have heard the counsel for the petitioner and also the learned Public Prosecutor.