- (1.) Heard the parties and with their consent, this writ petition is being disposed of at this stage itself.
(2.) The petitioner, who is a manufacturer of weights and measures, has filed this writ petition challenging the notice issued to him, contained in Annexure-5 dated 6.6.2006, whereby he was asked to submit his show cause within a period of 15 days as to why his license to manufacture of weights and measures be not cancelled, since during inspection of his premises on 22.5.2006, he was found to be manufacturing of weights and measures of higher denominations than for which he was granted license, which is in violation of the terms of the license.
(3.) Mr. Indrajit Sinha, learned counsel for the petitioner submits that the alleged inspection dated 22.5.2006 was made in presence of the Controller, Legal Metrology, Government of Jharkhand and therefore, he being connected with the inspection, could not have issued the notice to show cause to the petitioner for cancellation of the license, as he became a witness in the case. He further submits that in the notice to show cause (Annexure-5) it is mentioned that the petitioner was found in indulging himself in illegal manufacturing as well as doing illegal trade of those weights and measures, but from the inspection report, which has been annexed as Annexure-4, it does not show that there is such allegation that the petitioner was found doing illegal trade by selling or doing business of supply of weights and measures of higher denominations. He further submits that in order to manufacture of weights and measures of higher denominations i.e. 500 k.g. above 100 k.g the petitioner was granted permission/license by the Central Government by issue of an order contained a Notification dated 4th May 2006 by the Ministry of Consumer, Food and Public Distribution, Government of India. Accordingly, he submits that neither he was illegally manufacturing the weights and measures without any valid license nor he was doing any illegal business of the said weights and measures within the country in violation of either of the terms of the license or permission/license by the Central Government.;