C.P. MOHAMMEDKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge in this Criminal Miscellaneous Case preferred u/s 482 of the Code of Criminal Procedure is the legality and sustainability of the prosecution initiated against the petitioner under S. 420 of the IPC in crime No.964 of 2012 registered on 27.9.2012 by the Sub Inspector of Police , Kondotty police station, Malappuram District.

(2.) The essential facts are as follows :-

(3.) Sri. P. Venugopal, the learned counsel for the appellant, placing reliance on various provisions of the Legal Metrology Act, 2009, has submitted that the Act and the Rules framed there under was enacted to enforce the sale of goods which are sold or distributed by weight, measure or number. According to him, the Act is self contained and S. 51 of the Act 1 of 2009 makes it amply clear that provisions of the Indian Penal Code and S 153 of the Code of Criminal Procedure in so far as such provisions relate to weights or measures , shall not apply to any offense punishable under the Act. He targeted Annexure B FIR with all the fusillades in his armoury and submitted that the registration of the FIR is against law as substantial provisions are engrafted in the special Act to specifically deal with incidence of violations.