AMAN MITTAL & ANR Vs. STATE

JUDGEMENT

(1.) The above petitions involving common questions of law and facts have been heard together and are thus, being decided by a common judgement.

(2.) Weights and measures operate like a grinding process in the matter of trade and commerce to sustain the rule of fiscal justice and it is the duty of sovereign State to maintain the calibration of any measurable system neat and clean failing which the object of fair play being the ethos of our Constitution would be rendered nugatory and shall collapse. Non-observance of standards and measures breeds corruption and promotes malpractice. Thus, the question being of public importance deserves to be thrashed out within its fullest scope insofar as petroleum products are concerned and the dimensions of law applicable on the subject deserve to be considered.

(3.) The legislative competence of the Central Government in relation to standards flows from entry 50 of List-I of the Constitution of India whereas the enforcement of weight and measures being an item in the concurrent list identified against Item 33-A makes the State Government competent to legislate on the enforcement of weights and measures in the spirit of laws. The Central Government of late in supersession of The Standards of Weights and Measures Act, 1976 and The Standards of Weights and Measures (Enforcement) Act, 1985, has promulgated Legal Metrology Act, 2009 whereunder the Central Government as well as State Government have framed rules known as Legal Metrology (General) Rules, 2011 and U.P. Legal Metrology (Enforcement) Rules, 2011 respectively. It is the observance of standards defined under the Legal Metrology Act read with Central Rules which is to be adhered to for the purposes of weights and measures and enforcement thereof is implemented under the Rules framed by the State Government. Enforcement of the Metrology Act, 2009 in conjunction with other laws occupying the field viz Essential Commodities Act, 1955 being a part and parcel of such legislation has also to be viewed in the context of relevant provisions alongwith the Control Orders issued thereunder in this behalf from time to time.