RAJIV KASHINARAYAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two applications under Section 482 of the Code of Criminal Procedure set up a challenge to Summary Criminal Case No.1127/2017 pending on the file of learned 3rd Judicial Magistrate First Class, Washim. Therefore, these two applications can conveniently be decided and disposed of by this common judgment.

(2.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. Heard Mr. Sunil Manohar, Senior Advocate with Mr. A. A. Naik, Advocate for the applicants and Mr. N. S. Rao, A.P.P. for non applicant-State. The applications are opposed not only by making oral submissions by the learned A.P.P. but also by filing replies. I have perused the replies also.

(3.) Mr. B. B. Gaikwad, Inspector of Legal Metrology, Washim Division, is appointed as such under Section 13 of the Legal Metrology Act, 2009 (hereinafter referred to as the "Act"). He made a surprise visit to a mall of ITC Ltd. Business division, Zakalwadi, Tq. Dist. Washim on 20.06.2017. At the time of his surprise visit, the Manager Devenkumar Thora was present. Mr.Gaikwad, the complainant seized four packages of Eco-light Battery Indicator and five packages of Microwaveable Deep Freezable Washer Safe, by preparing seizure report bearing No.21786 and 21787. The Inspector noticed that the goods seized were not having the date of packaging insofar as Eco-light Battery Indicator is concerned which is manufactured by P.G. Electroplast Limited, P4/2-416, Site B UPSIDE Surjapur, Gautam Buddha Nagar, Greater Noida (UP) 201306. Insofar as five packages of Microwaveable Deep Freezer Dish Washer Safe is concerned, he found no declaration of "Inclusive of all tax". According to the complainant, there is a breach of the provisions of the Act as well as the Legal Metrology (Packaged Commodities) Rules, 2011. Therefore, he found the applicants amongst others guilty of an offence punishable under Section 18(1) and 36(1) of the Act.