MUKUL DALMIA Vs. KIRAN PAL

JUDGEMENT

(1.) This is a petition under Section 482 of Criminal Procedure Code, 1973 (for shortCriminal Procedure Code.) seeking quashing of the order dated 17.7.1999 summoning the petitioners under Section 50 of Standards of Weights and Measures Act, 1976 in the complaint filed by respondent No. 1 (hereinafter the complainant); on the ground that no valid cognizance could be taken without recording the statement of the com- plainant under Section 200Criminal Procedure Code. Petitioners have also placed on record the sub- sequent summoning order dated 8.2.2000 urging that the same is also illegal and without jurisdiction.

(2.) Brief facts are : that on 14/02/1998 at 12.00 noon the complainant went to the petrol pump M/s. Mukul Diesel, of the petitioners, to buy 90 litres of diesel in the two containers and paid price for the same against receipt. Petitioner no. 3 delivered the diesel but the containers were not filled up to a particular level. The complainant asked the petitioners that 90 litres of diesel was not being supplied and requested that the supplied quantity be measured again. Petitioners refused to measure the same. Thereupon the delivery boy was directed to stop any further delivery of diesel from the said unit. Police was informed. HC, PS, Gokulpuri reached the spot and started investigations. He noticed the delivery unit reading at 2.556883.6; the quantity of diesel in two cans on being measured in the presence of the petitioners was found to be only 87 litres against the claimed supply of 90 litres for which payment was made. Investigating Officer scaled and seized the two cans containing diesel as well as nozzle .pipe of delivery-unit. Statements of the complainant and witnesses were recorded. Notice was served on the petitioners to stop supply of diesel of that dispens- ing unit. On 18.2.1999 Investigating Officer informed the In-charge, Weights Measure- ments Department (for short WMD). On 27/02/1998 W.M.D. officials visited the petrol pump, fixed the hose pipe and nozzle on the said dispensing unit and check- ed the same in the presence of the .petitioners. It was found to be correct; seal was also found intact. Earlier on 18.2.1998 some officials of Bharat Petroleum had also checked this unit and did not find any defect in the same. The details as to how they checked the same are not available. The police did not investigate the matter further in view of the report of W.M.D. officials.

(3.) On 1/06/1998 complainant filed a complainant in the Court of ACMM, Delhi under Section 50 of the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985 against the petitioners, Controller, Department of Standards Weights and Measures and Bharat Petroleum Corporation Ltd. were also arrayed as respondents. The Trial Court called the report from police as well as from Weights and Measures Department. On 24/06/1998, SHO PS Gokulpuri, submitted the report along with DD No. 9A dated 14/02/1998, recorded by PCR; DD No. 14A dated 14/02/1998, recorded by Inves- tigating Officer on his return at the police station giving details of the investigations carried out by him at spot, notice under Section 160Criminal Procedure Code., served on the petitioners; seizure memos of diesel cans, nozzle pipe, receipt for Rs. 935.00 towards price of 90 litres of diesel issued by the petitioners, statements of the complainant and witness Sunil Kumar, inspection report dated 27.2.1998 by W.M.D. and checking report of Bharat Petroleum officials and SHO in the report stated that no action on the complainant's report was taken because of inspection/checking reports. Three photographs showing the meter reading of the dispensing unit taken at the relevant time were also sent. On the basis of the above material vide orders dated 17/07/1999 learned Trial Court summoned the petitioners and discharged remaining two respondents observing :- ".... From the perusal of the complaint and the report of the SHO, I am of the considered opinion that there is enough material on record to proceed against respondent Nos. 1, 2 and 3 for the offences under Section 50 of the Standards of W & M Act, 1976."