POLAR BALANCE INDUSTRIESS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioners hold licence for manufacture of Scientific balances and weights under Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter referred to as the Act). One such licence in favour of petitioner No. 1 is Annexure-2 to the writ petition. A notice dated 15.11.1990 (Annexure-3 to the writ petition) has been issued to the petitioners under Section 22 of the Act. According to the notice, petitioners are not getting weights/ measures verified and stamped as contemplated in that section. It is against this notice that the present writ petition has been filed.

(2.) The only ground raised by Sri Shahi, holding brief of Sri R.N. Singh, learned counsel for the petitioners, is that the petitioners sell scientific balances and weights exclusively to educational institutions and in view of Section 74 (b) of the Act are exempt from the Act.

(3.) The Parliament enacted this Act to provide for the enforcement of the standards of weights and measures established by or under the Standards of Weights and Measures Act, 1976, and for matters connected therewith or incidental thereto. Chapter VI of the Act provides for manufacture, repair or sale of weights or measures. Section 19 of the same Chapter prohibits manufacture, repair or sale of weights or measures without a licence. Section 21 of the Act bans making or manufacture of weights or measures except in accordance with the Act. Section 21 of the Act prohibits the sale or use of unstamped weights or measures. Section 24 of Chapter VII of the Act provides for verification and stamping of weights and measures. Chapter XI provides for offences and penalties. It is for the violation of the same that the notices have been given to the petitioners.