STATE Vs. V RAMASWAMY

JUDGEMENT

(1.) This appeal by the State is against the judgment of the learned Judicial First Class Magistrate, Virudhunagar, acquitting the accused who are alleged to have violated Sec.11 of the Weights and Measures Act read with Rule 10(2) of the Rules.

(2.) Accused-1 was the Manager of the Co-operative Credit Society. Accused-2 was the Salesman. P.W.1 Assistant Inspector of Labour, inspected the shop and found the two litre measure has not been stamped for the year 1982 under Rule 10(2). He seized the measure and gave a receipt Ex.P2, for the same. The trial Magistrate, however, acquitted the accused on two grounds, namely, that the Complaint is barred by the law of limitation and secondly G.O.Ms.No.909, Food and Co-operation Department, dated 5.12.1981 has not been followed by P.W.1.

(3.) As regards the first contention, I may immediately point out that the offence was detected by P.W.1 only on 5.2.1982. The Complaint was filed on 26.5.1982. Sec.468 of the Code of Criminal Procedure runs thus: