EMPEROR Vs. KANAYALAL MOHANLAL GUJAR

JUDGEMENT

(1.) THIS is an application for revision by one Kanayalal Gujar against his conviction under Section 266 of the Indian Penal Code of the offence of being in possession of a false weight or measure known toi be false with the intention that the same may be fraudulently used. The conviction was by the First Class Magistrate of Junnar, and it was confirmed on appeal by the Sessions Judge of Poona.

(2.) THE learned advocate, who appears for the applicant, contends, in the first place, that the measures used in this case were not false within the meaning of Section 266, and, in the second place, that a fraudulent intention has not been established.

(3.) UNDER Section 12 of the Weights and Measures Act it is provided that, subject to the provisions of Section 46 (with which we are not concerned), all dealings or contracts in any area in which the Act is in force shall be deemed to be had or made according to one of the standard weights or measures, and it shall not be lawful to use any other weight or measure in relation to any such dealing or contract. The section further provides that any dealing or contract, so far as it contravenes the provisions of the section, shall be void, unless it is proved that such dealing or contract was had or made without intention to contravene the said provisions. By Section 31 of the Act it is made a penal offence punishable with imprisonment or fine or both to use any weight or measure fraudulently. But Section 44 of the Act provides that no prosecution under the Act shall be instituted, except by or with the previous sanction of the Collector, or an officer specially empowered by the Collector, or by Government.