MARTIN KROPP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Vivek Awchat, the learned counsel for the applicant and Mr. S.S. Doifode, the learned APP for non-applicant/ State.

(2.) The petitioner is assailing the order dtd. 17/1/2015 rendered by the Judicial Magistrate First Class, Parshioni, in Summary Criminal Case 137/2014, which reads thus:

(3.) The learned counsel for the petitioner Mr. Vivek Awchat invites my attention to sec. 49 of the Legal Metrology Act, 2009 ("Act" for short) in support of the submission that since Mr. Ashwin Patel was nominated by the Company under sub-sec. 2 of sec. 49, as the person authorized to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under the Act, the order of issuance of process against the petitioner and Managing Director is jurisdictionally infirm.