Case Note & Summary
The petitioners, Asian Paints Limited and its Director, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 14.06.2016 passed by the Additional Civil Judge and JMFC, Puttur, Dakshina Kannada, in Private Complaint No.9 of 2016, whereby cognizance was taken for an offence under Section 36 of the Legal Metrology Act, 2009, and criminal case C.C.No.353/2016 was registered. The complaint was filed by the Inspector of Weights and Measures, Puttur Sub-Division, alleging that the petitioners had violated provisions of the Legal Metrology Act. The petitioners contended that the Inspector was not authorized to file the complaint under Section 36 of the Act, which requires that a complaint be made by the Central Government, State Government, or a person authorized by them. The respondent-State argued that the Inspector was authorized under the Act. The High Court examined Section 36 of the Legal Metrology Act, 2009, and noted that it provides that no court shall take cognizance of an offence punishable under the Act except upon a complaint made by the Central Government, State Government, or a person authorized by them. The court found that the Inspector of Weights and Measures is not a person authorized by the Central Government or State Government to file such a complaint. Therefore, the complaint was not maintainable, and the cognizance taken by the Magistrate was without jurisdiction. The court allowed the petition, quashed the impugned order dated 14.06.2016, and all further proceedings in C.C.No.353/2016.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Maintainability of Complaint - Complaint filed by Inspector of Weights and Measures under Section 36 of the Legal Metrology Act, 2009, without authorization from the Controller - Held that the Inspector is not a person authorized to file complaint under Section 36, and the cognizance taken by the Magistrate is liable to be quashed (Paras 1-10). B) Legal Metrology Act, 2009 - Complaint - Section 36 - Authorization - Only persons authorized by the Central Government or State Government can file complaint under Section 36 - Inspector of Weights and Measures not being such authorized person - Held that the complaint is not maintainable (Paras 5-10).
Issue of Consideration
Whether the Inspector of Weights and Measures is authorized to file a complaint under Section 36 of the Legal Metrology Act, 2009, and whether the cognizance taken by the Magistrate based on such complaint is valid.
Final Decision
The petition is allowed. The impugned order dated 14.06.2016 passed by the Additional Civil Judge and JMFC, Puttur, Dakshina Kannada, in Private Complaint No.9 of 2016, insofar as taking cognizance of an offence under Section 36 of the Legal Metrology Act, 2009, and all further proceedings in C.C.No.353/2016, are quashed.
Law Points
- Complaint under Section 36 of Legal Metrology Act
- 2009 must be filed by a person authorized by the Central Government or State Government
- not by an Inspector unless specifically authorized
- Quashing of criminal proceedings under Section 482 CrPC for lack of authorization
