STATE OF KERALA Vs. POPULAR AUTOMOBILES

JUDGEMENT

(1.) The order of the Sessions Judge, Mavelikkara, in Crl.R.P. No. 57 of 1988 is challenged in this revision filed on behalf of the complainant in S.T. No.57 of 1987 of the Judicial First Class Magistrate's Court, Kayamkulam. The complaint was filed by the Inspector of Weights and Measures, Karthikappally, who alleged that when he inspected the trade premises of M/s. Gopan Automobiles in Nangiarkulangara Muri, Chingoli Panchayat owned by one R. Gopinatha Pillai, he found certain articles kept for sale in packaged form did not carry the label in accordance with the provisions of Standards of Weights and Measures (Packaged Commodities) Rules, 1977. He seized among other goods one packet of N. A.C. wheel joint for matador vehicle. The owner of the shop reportedly, told him that it was supplied by the respondent herein. Accordingly, notice was issued but the reply received was not satisfactory. It was alleged that the respondent violated the provisions of R.6(1) and 23(1) of the Standard of Weights and Measures (Packaged Commodities) Rules, 1977, read with S.63 of the Standards of Weights and Measures Act, 1976.

(2.) On a petition by the respondent that the Magistrate has no jurisdiction to try the case, the matter was heard and it was held that under S.177,178(b) and 179 Cr.P.C, he has jurisdiction "including territorial jurisdiction" to try and dispose of the case. Accordingly, the petition was dismissed. In the above revision, the Sessions Judge set aside the order and held that the Magistrate has no territorial jurisdiction to try the complaint.

(3.) As to the jurisdiction of the Sessions Judge to interfere in revision, I think, reliance on the decision of the Supreme Court in Madhu Limaye v. State of Maharashtra ( 1978 CriLJ 165 ) was rightly placed. The order of the Magistrate certainly was not an interlocutory order as explained by the Supreme Court in Amarnath v. State of Haryana ( 1977 (4) SCC 137 ), wherein it was held: