KARTAR KISHAN Vs. STATE

JUDGEMENT

(1.) IN these cases (Criminal Revisions Nos. 379 and 380 of 1956) the petitioner, the Secretary of the Municipality of Thanesar, was convicted of an offence under Section 28 of the Weights and measures Act. The submission raised before me is that Section 28 applies to weights and measures which are used or are in the possession of a person for use for purposes of trade, i. e. he must use them for the purpose of trade or possess them for use for purposes of trade. It is not disputed that the Secretary of the Municipal Committee is not using these weights nor has he got them in possession for use for the purposes of trade. Howsoever desirable it may be that even the municipalities should have proper weights and measures, the question before me is whether an offence has been committed by the Secretary. It is very doubtful whether the Secretary has these weights and measures in his possession and it is not proved that the Municipality used or has had in its possession for use these weights and measures for purposes of trade. I would therefore allow these petitions, set aside the orders of conviction and make the rules absolute. The fines, if paid, shall be refunded.