GTC INDUSTRIAL LTD Vs. E V P ABDURAHIMANKUTTY

JUDGEMENT

(1.) The accused in S.T.No. 103 of 1992 of the Judicial First Class Magistrate Court, Malappuram, is the petitioner. The revision is directed against the order of the Magistrate dated 30-1-1992 on Crl.M.P. 509 of 1992. The M.C. is filed under S.482 Cr.P.C. to quash the proceedings in the above case. These were heard together.

(2.) In the complaint filed by the respondent, it is alleged that he inspected the trade premises of one Hamza, near Civil Station, Malappuram, on 22-4-1991 and found him to have "displayed for retail sale packets containing Chancellor Cigarettes". They did not bear proper declarations as required under R.17(1)(a) and (b) of the Standards of Weights and Measures (Packaged Commodities) Rules. They were manufactured by the petitioner who had violated S.39 of the Standards of Weights and Measures and R.17(1)(a) and (b) of the Standards of Weights and Measures (Packaged Commodities) Rules and was liable for punishment under S.63 of the Standards of Weights and Measures Act, 1976 and R.39 of the said rules. Along with the complaint, ten documents were also produced.

(3.) The complaint was filed on 7-1-1992 after a delay of 77 days to condone which a petition was filed on 8-1-1992. The delay was condoned on 30-1-1992. According to the petitioner, since cognizance was taken on 7-1-1992, and the case was numbered, the Magistrate had no power to take cognizance again on 30-1-1992 after condoning the delay. The order had been passed without jurisdiction. It was further stated that the delay which was not explained had been condoned without hearing the petitioner.