RAMDEV AGENCIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for quashing the entire proceedings in C.C.No.2768/2019 filed by the Officer of the Legal Metrology, Gokak Sub- Division, Gokak against them which is now pending on the file of the I Addl. Civil Judge and JMFC Court, Gokak for the offences punishable under Sections 31 & 36 of the Legal Metrology Act, 2009.

(2.) A complaint was filed by the Inspector, Legal Metrology, Gokak Sub-Division, Gokak on 10.06.2019 against the petitioners alleging that on 09.02.2019 at about 1:30 p.m. when the said Inspector had been to Shop of one Sri. Sadiq, the owner of M/s. Shams Foot Ware at Ibad Ali Janglisha Makandar Jamiya Mazid Complex, Koujalagi, Gokak, had conducted a searched and seized the articles as mentioned in the panchanama from the shop of M/s. Shams Foot Ware and then he found that the packing was in violation of Section 18(1) of the Legal Metrology Rules, 2001. The said owner of M/s. Shams Foot Ware by accepting the guilt and paid the fine since the goods were supplied by the petitioner No.1 to M/s. Shams Foot Ware, a notice came to be issued to the petitioners on 11.02.2019 to the said M/s. Shams Foot Ware and the first Petitioner stating that there has been a violation of Rules 6(1)(e) and 6(2) of the Legal Metrology (packaged Commodities) Rules, 2011 which is punishable under Section 36 of the said Act and are compoundable under Section 48 of the Act.

(3.) In view thereof, an option was provided to the first Petitioner to either compound the matter or contest the same. For the purpose of compounding the offence, the details of the offence and the compounding fee was also provided. Accepting the said notice, the Petitioner wanting to compound the offence, had made payment of a sum of Rs.5,000/- as stated in the notice towards which a receipt dated 22.02.2019 has been issued by the Inspector of Legal Metrology, Gokak Sub-Division, Gokak. Even though the said amount was received a complaint came to be filed by the Inspector, Legal Metrology, bearing C.C.No.2768/2019 which amongst others has made allegation against the Petitioner as regards the very same transaction with M/s. Sham Foot Ware as regards which the first Petitioner has compounded the offence by making payment of the sum of Rs.5,000/-.