R. VENKITARAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petititions and Crl. M.Cs. are filed by the accused persons, who are being prosecuted on a complaint filed by the Inspector of Legal Metrology, Circle-1, Irinjalakuda. Imputing against them violation of Rule 6( 1 A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, hereinafter referred to as the 'PC Rules' and. thus, contravention of Section 39 of the Standard of Weights and Measures Act, 1976, hereinafter referred to as Standards Act, petitioners are prosecuted for the offence under Section 63 of the above Act.

(2.) Cognizance taken of the offence imputed in the complaint and process issued, the case numbered as S.T. No. 6367 of 2010 now awaits enquiry before the Judicial First Class Magistrate, Irinjalakuda.

(3.) The accused persons, some of them joining together, and one of them separately, have filed the Crl. M.Cs. and writ petitions. Accused persons ranked 9 to 14 have filed Crl. M.C. No. 951 of 2011 and W.P. (C) No. 10917 of 2011, accused persons ranked 1 to 7, Crl. M.C. 1608 of 2011 and W.P. (C). No. 20384 of 2011 and accused No. 8, Crl. M.C. No. 1607 of 2011 and W.P. (C) No. 20387 of 2011. They have filed the Crl. M.Cs. to quash the complaint invoking the inherent powers of this Court contending that criminal proceedings initiated against them are an abuse of process of the Court. Writ petitions are filed challenging the constitutional validity of sub-rule (1A) of Rule 6 of the PC Rules contending that it is beyond the rule making power vested with the Central Government under Section 39 read with Section 83 of the Standards Act, and, for striking down that rule by a writ of certiorari or other appropriate writ, order or direction and also to quash the complaint filed against the writ petitioners imputing violation of that rale.