RAKESH CHATURVEDI Vs. INSPECTOR, WEIGHTS AND MEASURES

JUDGEMENT

(1.) THIS Criminal Revision has been filed against order dated 18 -12 -2003 passed by learned Judicial Magistrate, Indore in Criminal Case No. 13683/00, whereby learned trial Court disallowed prayer of the counsel for the applicant to discharge the applicants because the complaint was not filed by legally authorized person, as per Provisions under section 63 of the Standards of Weights and Measures (Enforcement) Act, 1985 (for short, "the Act"), the trial Court has no jurisdiction to take cognizance of the offence.

(2.) THE Non -applicant, Inspector, Weights and Measures, Indore, has filed criminal case against the applicants for commission of breach of section 24/47 and 33/51 of the Act and Rule 23/2 read with Rule 39 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 framed under section 83 of the Standards of Weights and Measures Act, 1976 (for brevity "the Act of 1976"). On the date of framing of charge before the trial Court, learned counsel for the applicants, had filed an application under section 63 of the Act for quashment of the complaint because the said complaint was not filed by the authorized person as required under section 63 of the Act. Learned trial Court dismissed the application holding that the complaint was filed by the Inspector, Weights and Measures and he was authorized by Deputy Controller of Weights and Measures, Indore. The same point is, canvassed before this Court for quashing the criminal proceedings before the trial Court.

(3.) HAVING heard learned counsel for the parties and after perusing the entire record of the case, this Court is of the view that there is no substance in the submission urged by the learned counsel for the applicants before this Court. For convenience, section 63 of the Act is reproduced hereinbelow. Section 63. Cognizance of offences. - Notwithstanding anything contained in the Code of Criminal Procedure 1973, (2 of 1974)