- The matter is titled as “State of Uttar Pradesh vs Aman Mittal having a brief that a petroleum retail outlet was accused of being involved in the malpractice of short delivery by 200 to 220 ML on each sale of five litres. Upon investigation the police found a chip fixed inside the dispensing unit and inconsistency in the stock record maintained by the outlet as per the Legal Metrology law in India.
- Further on the persuasion to the above, the retail outlet respondent was booked under several offences of IPC including offences related to the followings:
- Using and making of false weights and measures,
- Criminal intent fraud, and
- Criminal conspiracy.
- In its response the application was filed by the respondent stating the ground of lack of material for making out a case based on offence stated upon rejection of both the applications by lower court.
- The petition was filed in the High Court by the respondent. However, the High Court subsequently passed an order setting out several directions including change in the investigation process, and also it helped that. (Read also: Requirement for Purchasing Imported Items Under Legal Metrology)
- The offence under section 265 of IPC is fraudulent use of weights and measures, and
- Section 267 of the type you see that is making or selling false weights and measures is to quash the contention by the parties under Legal Metrology offence.
- In the above-mentioned case the council of state urged that section 3 of the act states provisions of this section will override other provisions of law that does not expressly exclude IPC and it placed reliance on several cases where prosecution under IPC was maintainable along with other acts.
- The counsel for the accused contended that the Act is a complete code and provides for offences related to its standard of weights and measures and further contended that since the Act is a special statute having an overriding effect the accused cannot be charged for an offence under IPC.
- In the above-mentioned case, the Supreme Court observed that section 3 of the legal metrology act completely overrides the provision of chapter XII of IPC in respect of the offences and penalties imposed for violation of provisions of the act.
- The offence covered under the provision of the act cannot be charged for the same offence under section XII of IPC
- Further the Supreme Court set aside the entire order passed by the High Court except the portion related to section 265 and section 267 of IPC.
- The Supreme Court held that reading with section 51 of the act makes it very clear that the provision of IPC with regards to weights and measures shall not apply any offence which is punishable under the legal metrology Act. (Read Related blog: Legal Metrology Consultancy for Declarations on Package)