Case Note & Summary
The Supreme Court allowed appeals by the State of Uttar Pradesh against the High Court's order quashing proceedings in a case involving short delivery of petroleum products. The case arose from an FIR lodged on April 28, 2017, alleging that a retail outlet in Lucknow was delivering 200-220 ml less petrol and diesel per 5 liters sold, using electronic chips operated by remote controls. The Special Task Force raided the outlet on April 27, 2017, with the aid of Weights and Measures Department officials and a magistrate, finding 13 out of 15 nozzles involved in malpractice. Three remote controls were recovered, and dispensing machines were sealed. The accused were arrested, and later, on June 1, 2017, electronic chips were recovered from 24 dispensing units and sent for forensic analysis. A charge-sheet was filed on July 25, 2017, under various IPC sections, the Essential Commodities Act, 1955, and the Legal Metrology Act, 2009. The Magistrate took cognizance of most offences but not under Sections 471 and 120B IPC for want of evidence. The respondents filed applications under Sections 167(2) and 190(1) CrPC, which were rejected by the Magistrate. They then filed a petition under Section 482 CrPC before the High Court, which quashed the proceedings, holding that the Legal Metrology Act, 2009 overrides IPC provisions for weights and measures offences, and that the investigation was not in consonance with law. The High Court also directed a change of investigating officer and calibration of residual stock. The Supreme Court reversed the High Court's order, holding that Section 51 of the Legal Metrology Act, 2009 does not bar prosecution under IPC for offences like cheating and criminal conspiracy, as the Act only covers specific offences related to weights and measures. The Court noted that the Essential Commodities Act, 1955 and the Legal Metrology Act, 2009 can coexist, and the investigation by the STF was valid. The Supreme Court set aside the High Court's directions and restored the Magistrate's order taking cognizance, allowing the trial to proceed.
Headnote
A) Criminal Law - Overriding Effect of Special Acts - Sections 3, 26, 51 Legal Metrology Act, 2009 - Sections 264-267, 420, 120B Indian Penal Code, 1860 - The High Court erred in holding that the Legal Metrology Act, 2009 excludes IPC offences for cheating and criminal conspiracy. The Supreme Court held that Section 51 of the Act does not bar prosecution under IPC for offences not covered by the Act, and the Essential Commodities Act, 1955 and Legal Metrology Act, 2009 can coexist. (Paras 12-20) B) Criminal Procedure - Investigation by Police - Sections 167, 190, 482 Code of Criminal Procedure, 1973 - The High Court's directions regarding change of investigating officer and calibration of stock were set aside as the investigation was validly conducted by the Special Task Force. The Supreme Court held that the Magistrate's order taking cognizance was proper and the High Court exceeded its jurisdiction under Section 482 CrPC. (Paras 21-25) C) Essential Commodities - Short Delivery - Sections 3, 7 Essential Commodities Act, 1955 - The FIR for short delivery of petrol and diesel by 200-220 ml per 5 liters was maintainable under the Essential Commodities Act, 1955, and the investigation was valid. (Paras 3-5)
Issue of Consideration
Whether the Legal Metrology Act, 2009 excludes the application of Indian Penal Code, 1860 and Code of Criminal Procedure, 1973 for offences relating to weights and measures, particularly short delivery of petroleum products
Final Decision
The Supreme Court allowed the appeals, set aside the High Court order dated October 4, 2017, and restored the Magistrate's order taking cognizance. The trial court was directed to proceed with the trial in accordance with law.
Law Points
- Legal Metrology Act
- 2009 does not oust IPC offences for cheating and criminal conspiracy
- Essential Commodities Act
- 1955 and Legal Metrology Act
- 2009 can coexist
- Investigation under CrPC permissible for cognizable offences under IPC
