KARNATAKA BANK LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these petitions call in question the validity of notices issued by the concerned inspectors of the department of weights and measures, directing production of weighing instrument used by them for verification and stamping under the Provisions of the kar- nataka weights arid measures Act, 1958. The challenge primarily rests on the plea that, the petitioner-bank does not make use of the weighing instrument in connection with any trade or commercial transaction so as to attract the Provisions of Section 11 of the Mysore (now karnataka) weights and measures (enforcement) Act, 1958 under which the notices have been issued.

(2.) AT the hearing today the argument of learned counsel for the petitioner was slightly different. It was conceded that since Karnataka weights and measures (enforcement) Act, 1958 was no longer in operation with the corning into force of standards of weights and measures (enforcement) Act, 1985 (Central Act 54 of 1985), the validity of the impugned notices shall have to be examined by reference to the existing statutory Provisions. In that view, therefore, the question is whether the impugned notices could be sustained under the Provisions of Section 24 of the Central Act mentioned earlier, relevant portion whereof reads as under:

(3.) IT is evident from the above, that every person who has in his possession, custody or control of any weight or measure in circumstances indicating that the same may be used or is intended or likely to be used in connection with any transaction or for industrial production or for protection has to, before putting such weight or measure into such use, get the same verified from the authority designated for that purpose. The critical expression that calls for interpretation is-"any transaction or for industrial production or for protection". It is not in dispute that the petitioner-bank does not use the weighing instrument for any "industrial production" nor is the bank engaged in any industrial activity. According to Mr. Vishwanath, the provision was applicable to the bank in situations where weighing machines are used by it in connection with any transaction that it may enter into with the customers. The expression 'transaction' has not been defined under the act. Support was however drawn by Mr. Vishwanath from the meaning given to the said expression in Section 2 (z) of the standards of weights and measures Act, 1976 (act No. 60 of 1976), which reads as under: