ASSOCIATED CEMENT COMPANY LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A short but an interesting question raised in this Special Civil Application by the petitioners is whether the respondent, the State of Gujarat while compositing the offence punishable under Sec. 32 of the Bombay Weights and Measures (Enforcement) Act, 1958, (hereinafter referred to as the Act, 1958) could have charged sum of Rs. 20,000.00 where on conviction for the offence committed, the maximum penalty under the said provision is only of Rs. 500.00. The Counsel for the petitioners submit that the offence committed by the petitioners and composition of which prayed for is punishable under Sec. 32 of the Act, 1958. Sec. 32 of the Act, 1958 reads as under :

(2.) Section 37A of the Act, 1958 makes a provision of the composition of the offences, which reads as under :

(3.) Briefly stated the facts of the case are as under : The petitioner No. 1, The Associated Cement Companies Limited, is a limited company which is engaged in manufacture of cement, has for that purpose, its units at different places, and two of such units are at Sevalia and Porbandar in the State of Gujarat. The remaining petitioners are its designated employees. The first respondent, the State of Gujarat, admittedly has fixed the weight of the cement bags manufactured and supplied by the petitioners to the consumers as 50 kgs. under the Act, 1958. The weight of every bag of cement supplied by the petitioners to the consumers should be of 50 kgs. and if it is not so, then in that case, the petitioners are liable for the prosecution under the provisions of Sec. 32 of Act, 1958.