STATE Vs. L T PANDIAN

JUDGEMENT

(1.) THE State of Tamil Nadu represented by the Public Prosecutor has preferred this appeal against the acquittal of the accused L. T. Pandian by the VII Presidency Magistrate, Egmore, in C. C. No. 12024 of 1973, on his file. A complaint was filed by the Assistant Inspector of Labour, 14th Circle, Madras 28, against the accused, alleging that on 2-6-1973 at 6 P. M. at No. 29, Pycrafts Road, Madras, the accused was found in possession of brass commercial weights of the denomination of 50 grams, 20 grams and 10 grams without bearing the verification stamps, in his business house at the aforesaid address and therefore the accused is said to have committed an offence under Section 25 of the Tamil Nadu Weights end Measures (Enforcement) Act, 1958 (hereinafter referred to as the Act) read with Rule 10 (2) of the Rules framed under the said Act (hereinafter referred to as the Rules ). The accused when questioned under Section 242, Cr. P. C. , denied the offence.

(2.) THE Assistant Inspector of Labour examined himself as P. W. 1 and testified that he inspected the stainless Steel shop of the accused on 2-6-1973 at 6 p. m. and that at that time the accused, who is one of the partners of the said establishment, was present in his shop. P. W. 1 noticed unstamped brass commercial weights of 50 grams which had been stamped in the first quarter of 1958, weights of 20 grams which had been stamped in 1965 and weights of 10 grams stamped in the 'a' quarter of 1967, marked as M. Os. 1 to 3 respectively, According to P. W. 1, these weights should have been stamped once in two years and as such they should have been stamped in 1971 or 1972. Since they were not so duly stamped as required by the Act, during his inspection he seized them under the mahazar Ex. P-1 wherein the accused also has signed. P. W. 1 issued a show-cause notice under Ex, P-2 asking the accused to explain why he should not be prosecuted. It seems that the accused sent reply to the said notice. Thereafter, after getting the necessary sanction under Ex. P-3, P. W. 1 has laid this complaint.

(3.) IN the course of the cross-examination of P. W. 1, the accused filed a certificate Ex. D-1 dated 7-10-1971 issued by the Assistant Inspector of Labour, 14th Circle, Madras-28, to the effect that weights of 50, 20 and 10 grams are certified to be stamped.