M.Katju, J. - (1.) THIS writ petition has been filed for quashing the impugned order dated 24.1.1990 Annexure 4 to the writ petition. Heard learned Counsel for the parties.
(2.) THE petitioner is a company registered under the Indian Companies Act which has a factory at Bareilly where it manufactures safety matches. In its factory the petitioner uses a machine known as box filling machine. By that machine match boxes are packed with sticks of 50 each. A show cause notice dated 1.3.1989 was issued to the petitioner to show cause why the petitioner should not be prosecuted for violation of U.P. Weights and Measures Enforcement Act, 1959. Subsequently by the impugned order dated 24.1.1990 Annexure 4 to the petition it was alleged that the box filling machine is a weighing or measuring instrument under section 2(z -c) of the Standards of Weights and Measures Act, 1976 and the petitioner was directed to get it certified after inspection and verification otherwise the use of the machine will be stopped. Aggrieved this petition has been filed.
(3.) A counter affidavit has been filed and we have perused the same.;