STATE OF MAHARASHTRA Vs. RASIKLAL POPATLAL

JUDGEMENT

(1.) RASIKLAL Popatlal, the accused, is a merchant having his shop at Dholera. It was alleged that he Kept an unauthorised weight of thirty seers (Kachha) and used the same for his trade purposes. The accused was, therefore, charged under Section 34 of the Bombay Weights and Measures Act.

(2.) THE accused pleaded not guilty to the charge and stated that he used the weight only for weighing cotton, which was given to labourers for taking out Pods from Kapas and then while getting back the Kapas, for, again weighing It and that it was not used for trade. The learned advocate for the accused-respondent has stated before us that the weight in question was used in order to ascertain the amount of wages to be paid to the labourers, to whom the cotton in question was given for removing the pods and some annas pen maund were given to the labourers for removing the pods from the cotton. The Inspector, Pandya, in his statement deposed that the weight in question was used to weigh cotton when it was returned after taking out the cotton and removing the pods.

(3.) ON this evidence, the learned Magistrate acquitted the accused stating that the transaction, for which the weight in question was used, did not amount to trade and, therefore,. no offence was committed.