- (1.) The petitioners are aggrieved by the order of the Controller of Legal Metrology, West Bengal dated May 2nd, 2005 rejecting their request for removal of the already seized and sealed dispensing unit for faciliating installation of a new dispensing unit for carrying on the business by them as dealer of Hindusthan Petroleum Corporation Ltd.
(2.) On February 17th, 2005 a team of enforcement officials of the metrology department seized and sealed the dispensing unit after detecting short delivery of fuel by the petitioners through such unit. Alleging contravention of provisions of the Standards of Weights and Measures (Enforcement) Act, 1985, S. 39(2), the competent authority initiated a prosecution by filing the requisite complaint. Case No. C/2691 of 2005 registered before the 10th Metropolitan Magistrate, Kolkata is pending.
(3.) Alleging that after seizing and sealing the dispensing unit officials of the metrology department declined to permit the petitioners to install a new dispensing unit at the existing place, the petitioners moved this Court, and the competent authority was directed to look into the matter. Consequently by the impugned order the competent authority has held that since the seized and sealed dispensing unit is a piece of evidence in the pending criminal case, he was not in a position to permit the petitioners to remove it for installing a new dispensing unit. He, however, suggested that the petitioners were entitled to approach the appropriate Criminal Court.;