LAWS(ORI)-1988-6-10

BIJOY KUMAR MISHRA Vs. STATE OF ORISSA

Decided On June 28, 1988
Bijoy Kumar Mishra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THE conviction of the Petitioner under Section 36(d) of the Weights and Measures Act, 1958 (for brevity 'the Act') having been confirmed in appeal with modification of sentence reducing the fine from Rs. 250/ - to Rs. 100/ -, in default to undergo S.I. for one week, he has preferred this revision.

(2.) ORIGINALLY the Petitioner stood charged under Section 36(b) and (d) of the Weights and Measures Act on the allegations of not maintaining uptodate stock register having made entries upto the end or July, 1980 only and that while the Senior Inspector of Weights and Measures, P.W. 2 inspecting the spot had seized documents and Was preparing the seizure -list, he having snatched away the stock register and the purchase memos and having refused to sign the seizure -list.

(3.) IN the result, the revision is allowed. The conviction and sentence of the Petitioner are set aside and he is acquitted of the charge.