GOVINDANKUTTY Vs. ADDL INSPECTOR LEGAL METEOROLOGY

JUDGEMENT

(1.) The petitioner seeks an order quashing the proceedings in S.T. No. 1996 of 1995 of the Judicial First Class Magistrate Court, Nilambur.

(2.) The second respondent filed a complaint against four persons including the petitioner alleging that the petitioner and other members have violated R.6(1) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 as under Annexure-A1. The petitioner was shown as the first accused. Since the attendance of the accused Nos. 2, 3 & 4 could not be procured the case against them was split up and refilled as S.T. No. 586 of 1998. Now the petitioner is the accused only in S.T. No. 1996 of 1995. According to the prosecution at the time of inspection by the second respondent, he could detect that the petitioner has exhibited packets which did not bear all the declarations envisaged in R.6(1) of Standards of Weights and Measures and kept non standard measurement instrument for measuring marble stables in his shop and thereby committed offence punishable under S.63 of the Standards of Weights and Measures Act. The penalty prescribed under S.63 of the Standards of Weights and Measures Act, 1976 is fine which may extend to Rs. 5,000/-. Penalty under R.39 is fine which may extend to Rs. 2,000/-. The petitioner was alleged to have committed an offence on 25-2-1995. The petitioner was asked to appear before the Court on 9-11-1995. S.468 Cr.P.C, provides for limitation of 6 months for taking cognizance of the offence which is punishable with fine only. It is submitted that the Magistrate has taken cognizance of the offence after 6 months.

(3.) The petitioner appeared before court on 9-11-1995 and was released on bail and thereafter he was attending the court regularly. On 4-3-1997 he filed a petition to discharge him in the light of the decision in "Common Cause" a Registered Society through its Directors v. Union of India (SC), 1996 (2) KLT 820 (SC). It was held therein: