SHAKTI SERVICE STATION Vs. STATE OF MP

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 23.11.2007 passed by XIIIth Additional Sessions Judge, Indore in Cr.A. No. 384/2005, whereby the judgment dated 31.5.2005 passed by C.J.M. Indore in Criminal Case No. 2936/97, whereby the petitioners were convicted for an offence punishable under section 39 (2) (i) of The Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter shall be referred to as "the Act") and petitioners were convicted with sentence of fine of Rs. 8,000/- and petitioner No. 2 was further sentenced till rising of Court and petitioner No. 3 was sentenced to undergo imprisonment of one year which was maintained in appeal, present revision petition has been filed.

(2.) IN short case of the prosecution was that on 2.3.1997 an inspection was carried out by the Weights and Measures Department at M/s Shakti Service Station, Dealer of Indian Oil Corporation, situated at 4, Lalbagh Road, Indore. On inspection it was found that out of 4 pumps, 2 pumps were being used to dispense petrol out of which 1 pump was dispensing less petrol. Upon this a case was registered against the petitioners under the Act. It was alleged that petitioner No. 1 is the firm while petitioners No. 2 is the partner of the firm and petitioner No. 3 was employed as Salesman at the relevant time. The case was also registered against one Sohil Ansari, Dy. Manager (Sales) and one Prakash, who was the salesman on the said petrol pump. After framing of charges and recording of evidence salesman Prakash and Dy. Manager Sohil Ansari were acquitted, however, petitioners were convicted as stated above, against which the appeal was filed, wherein the conviction was maintained, hence this revision.

(3.) LEARNED counsel for petitioners further submits that the Courts below committed error in not considering that measures used by the complainant to test the delivery of the machines was never produced in the Court as material objects in the course of evidence. The complainant did not even prepare a seizure memo of the conical measure and seal the same to be opened in the Court at the time of evidence. No panchnama or witnesses have been examined to prove that the conical measure claimed to have been used by the complainant to test the delivery from the offending pump was indeed the same. Learned counsel further submits that learned Courts below committed error in not considering the fact that the petrol dispensing unit had been stamped and verified to be dispensing correct volume of petrol, and had also been sealed by the Weights and Measures Department. The seal was also found to be intact and had not been found to be tampered with, therefore, it cannot be inferred that the petitioners were keeping the measure other than the standard measure. It is submitted at the time of checking the machinery, two pumps were not functioning and had been closed, one pump was dispensing excess quantity, this could have been caused due to some malfunctioning of the electronic machinery, which was beyond the control of the petitioners. The said machines were of the ownership and were maintained by the Indian Oil Corporation Ltd. and the petitioner have nothing to do with it. On the strength of this learned counsel for petitioners submits that petition deserves to be allowed and the judgment passed by both the Courts below, whereby the petitioners were convicted, deserves to be set-aside.