M.M.Dutta, J. - (1.) In this appeal the appellant, Avery India Limited, has challenged the propriety of the judgment of a learned single Judge of this Court whereby the learned Judges discharged the rule nisi obtained by the appellant on its application under Article 226 of the Constitution.
(2.) The principal question that is involved in this appeal is whether the appellant is liable to disclose in the fortnightly returns that are submitted by him under the West Bengal Standards of Weights and Measures (Enforcement) Act, 1958, the sets of component parts which if assembled, would make complete weighing machines. In this connection, we may refer to the provision of Sub-section (2) of Section 9 of the Act which provides that no weighing instrument or measuring instrument shall be sold or delivered or used in any transaction unless it has been verified or revivified in accordance with the rules mad? under the Act and stamped with a stamp of verification in such manner as may be prescribed. Rule 24 of the Rules framed under the Act provides that every manufacturer or repairer of, or dealer in weights, measures, weighing instruments or measuring instruments shall maintain such records in such form and submit such returns as the Controller may direct.
(3.) In the fortnightly returns submitted by the appellant during the period from 1st April 1964 to 28th Feb. 1965, it was stated by the appellant that it had produced only 466 weighing instruments. But in the application dated 19th Mar. 1965 for the renewal of the manufacturing licence, the appellant stated that during the said period the appellant had produced 7,344 sets of components of weighing instruments.;