STATE OF GUJARAT Vs. ASSOCIATED CEMENT CO LTD

JUDGEMENT

(1.) Heard Mr. K.T. Dave, ld. APP appearing for the appellant-State and Mr. Prabhav Mehta, learned counsel appearing on behalf of Nanavati Associates for the respondent-accused.

(2.) This is an appeal against the judgment and order of acquittal dated 7th January, 1989, recorded by the learned Judicial Magistrate First Class, Thasara, in the complaint lodged by the Inspector, Weights and Measures Department, under Section 32(1) of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as 'the Act'). Having considered the findings recorded by the learned Magistrate, it appears that the learned Magistrate has considered one important aspect that there is non-examination of important witnesses though all witnesses were there. It is discussed by the learned Magistrate that the witnesses examined by the prosecution have not led the Court to the satisfaction under which any of the accused can be convicted for the offences alleged in the complaint.

(3.) It is rightly submitted by Mr.Mehta that even otherwise the accused nos.2 to 5 could not have been convicted as there is no direct allegation as to their involvement in view of the scheme of the Act. Having considered the case against the accused no.1-Company, it emerges that the provisions of Section 32(1) of the Act would not apply in view of the facts pleaded in the complaint. It would be beneficial to quote Section 32(1) of the Act, which is as under :