PUBLIC PROSECUTOR, MADRAS Vs. JAVANTHARAJ GULEEHA AND ANOTHER

JUDGEMENT

(1.) Third Javanthirajj Gulecha, the first Respondent herein Is a licensed pawnbroker, carrying on business at No 56 Mettu Street, Ayyanavaram Madras The second Respondent Is his son, The beam scale and the weights kept by him for weighing jewels etc., pledged with him were checked and verified in the second quarter of the year 1966. Rule 10(1) of the Madras Weights and Measures (Enforcement) Rules, 1967, provides that the scales and measures should be verified once in a year. This was not done. Therefore, the Assistant Inspector of Labour, 11th Circle, Madras, filed a complaint against them before the Chief Presidency Magistrates. Egmore, for contravention of this rule, read with Sections 11. and 25 of the Madras Weights and Measures Act, 1958.

(2.) The Respondents contended that they were not carrying trade, business or commerce In bullion or precious stones within the ambit of Rule 10(1) that they would be coveted

(3.) Section 11 of the Madras Weights and Measures (Enforcement) Act. 1958, states that no weight or measure or weighing or measuring instrument shall be used in any transaction for trade, balsas or commerce unless it has been verified or re-verified So accordance with the rules made under this Act and stained in the prescribed manner by an Inspector, with a stamp of verification. Section 25 provide the punishment for the contravention of Section 11 of the Act. Rule 10 (1) reads as follows: