M S RAMACHANDRAN Vs. SANDIP META

JUDGEMENT

(1.) Both the criminal revisions, C.R.R. No. 3197 of 2005 as well as C.R.R. No. 20 of 2006 are taken up for hearing together as a common question of law arises in both the said criminal revisions for decision.

(2.) Invoking section 482 of the Code of Criminal Procedure, while in C.R.R. No. 3197 of 2005 the Petitioners have approached this Court for quashing of the Complaint Case No. C-773 of 2004, similarly in C.R.R. No. 20 of 2006 they have approached for quashing of the Complaint Case No. C-649 of 2004. Both the aforesaid complaint cases are pending before the learned Additional Chief Judicial Magistrate, Barrackpore. While the first impugned complaint relates to the offences punishable under section 63 of the Standards of Weights and Measures Act, 1976 and under sections 51 and 61 of the Standards of Weights and Measures (Enforcement) Act, 1985 for alleged violation of section 39 of the Standards of Weights and Measures Act, 1976 read with Rule 26 of Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The second complaint relates to the alleged offences punishable under section 63 of the Standards of Weights and Measures Act, 1976 and under section 51 of the Standards of Weights and Measures (Enforcement) Act, 1985 read with section 74 of the Standards of Weights and Measures Act 1976 and section 62 of the Standards of Weights and Measures (Enforcement) Act, 1985, and alleged violation of Rules 2(r), 4, 6, 8, 9 and 23 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 read with section 33 of the Standards of Weights and Measures (Enforcement) Act, 1985.

(3.) Besides above the grounds on which the quashing has been sought for are as follows;