STATE Vs. KAMALA BAKSUBRAMANIAN

JUDGEMENT

(1.) This is an appeal by the State under S. 378, Cr. P.C. against the judgment dt. 17-4-1982 in S.T.C. No. 1140/81 on the file of the Court of the learned Judicial First Class Magistrate, Coimbatore, finding that the accused-respondent herein is not guilty under S. 7(1) of the Tamil Nadu Weights and Measures (Enforcement) Act 1958 (Madras Act XX of 1958) read with R. 7 of the Tamil Nadu Weights and Measures (Enforcement) Rules 1967 and acquitting her under S. 255(1), Cr. P.C.

(2.) The complaint was filed before the lower Court by the Assistant Inspector of Labour, First Circle, Coimbatore, against the accused Kamala Balasubramanian. The accused carries on trade, "Karthic Enterprises" at No. 9/86, Rangakonar Street, Coimbatore. On an inspection of the trading premises of the accused by the complainant at 4,15 P.M. on 19-6-1981, the non-standard units viz., Free Mans - Fleximeasure 3 metre tape dual graduated 1, was found in her possession for use for transaction in trade, thereby contravening the provisions of S. 7(1)(a) read with R. 7 of the said Act and Rules. So the accused is liable for punishment under S. 23 of the Act. The accused pleaded not guilty before the lower court.

(3.) On behalf of the complainant, P.W. 1 Rajarathinam, Assistant inspector of Labour, First Circle, Coimbatore, was examined, Ex. P. 1 receipt bearing No. 57, Ex. P. 2 copy of the notice Ex. P. 3 postal acknowledgment, Ex.P. 4 reply sent by the accused and EX.P. 5 sanction for prosecution were filed on behalf of the complainant. On behalf of the accused, D.W. 1 Kalidas, the clerk employed in the shop of the accused was examined. Ex. D. 1 delivery note bearing No. 1212 dt. 17-6-1981 was filed before the lower court on behalf of the accused. M.O. 1 Free Mans Flexi measure tape was produced before the lower court.