RAYMOND WOOLLEN MILLS LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a company incorporated under the provisions of the Indian Companies Act and has a division called J. K. Engineers files having its plant situated at M. I. D. C. Industrial area Mirjole District, Ratnagiri. The said division is engaged in manufacture, production, sale and export of engineers steel files, rasps and file making machinery.

(2.) IT appears that on 26th March 1985 the Inspector of Weights and Measures came to the plant and seized and detained one salter machine and two Avery machines on the ground that they were unreverified. By letter dated 29th March 1985 addressed to the Inspector of Weights and Measures by the Works Manager of the J. K. Engineers Files division the Inspector was informed that the petitioners had purchased two new Avery counter scale of 25 k. g. capacity and they are not aware of the procedure that the scales are to be stamped and approved by the department that this is a technical fault on their part and the same may be condoned. It was further mentioned that salter weighing machine of 500 k. g. capacity was stamped on 29th December, 1983. By oversight the stamping was not done before 28th December 1984. It was therefore requested to have sympathetic consideration and settle the matter departmentally. Identical letter appears to have been addressed to the Assistant Commissioner and Deputy Controller of Weights and Measures on 2nd April 1985.

(3.) UPON this representation the Assistant Commissioner and Deputy Controller of Weights and Measures Compounded the offence under section 38-A (1) of the Bombay Weights and Measures (Enforcement) Act 1958, hereinafter referred to as the said Act, subject to the payment of Rs. 2000/ -.