VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) District food and Supply Controller, Faridkot, reported to S.S.P., Faridkot, with his memo No.90/8576 dated 4th July ,1990 as follows:

(2.) Alleging that the only allegation in the First- Information Report was of liquified Petroleum gas cylinders, checked in the godown of the petitioner, a gas distributor being under weight, that these cyliners are supplied to the petitioner by the manufacturer company in a sealed condition and the seals thereon were duly intact at the time of checking and that the complaint in regard to cylinders being under weight could be filed by the Director Metrology, and not be the Food and Supplies Officer, it was asserted that special jurisdiction vested in the Director of Metrology appointed under the Standard Weights and Measures Act, 1976, excluded the general jurisdiction of the Police under the Indian Penal Code and that the charge under sections 420/465/468 and 471 of the Indian Penal Code was, therefore, wholly groundless.

(3.) I have heard Shri J.S. Chahal, Advocate, for the petitioners, Shri J.S. Toor, Advocate, for the State and have carefully gone through the contents of the First Information Report and its supporting material.