KULAMANI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN these revisions, the Petitioners assail the order of cognizance dated 18.03.2009 under Section 39 of the Orissa Standards of Weights and Measures (Enforcement) Act, 1958, hereinafter referred as the 'Act', passed by the learned S.D.J.M., Kendrapara in 2 (c) C.C. No. 1 of 2009.

(2.) THE undisputed fact of the case is that on 04.01.2009, the Senior Inspector, Legal Metrology, Kendrapara and his staff inspected the petrol pump of the Petitioner situated at Mahakalpada in the name and style of "M/s. Alaka Fuel Services". During inspection, they have found short delivery of 30 ml. in 5 litres measurement in each observation. Accordingly, a seizure list was prepared and sale of the aforesaid outlet was stopped. Thereafter, INDIAN LAW REPORTS, CUTTACK SERIES [2010] 365 prosecution report was submitted under Section 39 of the Act against Alaka Rath (Petitioner in Criminal Revision No. 613 of 2009), who is the owner of the sales outlet and Kulamani Das (Petitioner in Criminal Revision No. 743 of 2009), who was the Manager of the said petrol sales outlet. On such prosecution report, on 18.03.2009, the learned S.D.J.M., Kendrapara took cognizance of the offence under Section 39 of the Act and issued process against the Petitioners.

(3.) LEARNED Counsel for the Petitioners assails the order of cognizance mainly on two grounds; firstly, it is submitted by the Petitioners' counsel that 30 ml shortage in a sample of 5 litres is within the permissible limit and, therefore, cognizance of the offence should not have been taken. Secondly, it is submitted that another case bearing Mahakalapada P.S. Case No. 4 of 2009 has been registered under Sections 420 and 265 of the I.P.C. for the selfsame occurrence and therefore, the Petitioner should not suffer double jeopardy.