KASHI PRASAD RAJGARHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Chief Judicial Magistrate, Monghyr, has by his order dated 26.2.1975, taken cognizance under Section 28 of the Bihar Weights and Measures (Enforcement) Act, 1959 (hereinafter referred to as 'the Act') against the petitioner and has summoned him. The petitioner has moved this Court under Section 482 of the Code of Criminal Procedure, 1973, for quashing the proceeding on the ground that the complaint petition filed by opposite party No. 2 does not disclose any criminal offence.

(2.) It has been stated in the complaint petition that Lifebuoy soaps were being sold in the shop belonging to the petitioner without mentioning the net weight and, therefore, the provision of Section 14 of the Act had been contravened.

(3.) Mr. Rajgarhia, appearing for the petitioner has inter alia, contended that the allegation, even if accepted to be correct, does not prove violation of Section 14 which is in the following terms: