JAHIR ANWAR KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE only point urged is that in the absence of any statutory provision regarding the standard of measures to be used, the orders of conviction and sentence passed by the learned Judicial Magistrate, 1st Class. Panposh and confirmed by learned Additional Sessions Judge. Rourkela holding that the Petitioner was guilty of using peg measures of shorter length than the required standard, and measuring him liable to pay fine, are untenable.

(2.) ALLEGATION against the Petitioner is that he was using peg measures which were 10 ml. short of the required standard and, therefore, he has contravened the provisions of the Standards of Weights and Measures (Enforcement) Act, 1985 (in short the 'Act')On reference to part -3 of VI th Schedule under Rule -12 of the Standard of Weights and Measures (General) Rules. 1987 (in short the Rules), it is clear that the denominations required to measure and weight should be 100 ml., 60 ml and 30 ml. However, such peg measures, of 60 ml. and 30 ml. capacities joined to other never come to the standard as provided under Item 6(b) of the said part. Necessary details and denominations of the measures have been prescribed under Part -3 of the Schedule. In that view of the matter, I find no infirmity in the conclusion reached by the Courts below.