LexTHE STATE OF UTTAR PRADESH versus AMAN MITTAL & ANR.
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A B C D E F G H 1180 SUPREME COURT REPORTS [2019] 11 S.C.R. THE STATE OF UTTAR PRADESH v. AMAN MITTAL & ANR. (Criminal Appeal Nos. 1328-1329 of 2019) SEPTEMBER 04, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Legal Metrology Act, 2009: ss.3 and 51 - Proceedings u/ss. 265, 267, 420, 34, 120B, 467, 468 and 471 of IPC; u/ss. 3 and 7 of Essential Commodities Act, 1955; u/ss. 12/30 of Weights and Measures Act, 1976 and u/ss.12/ 30 of the Legal Metrology Act - Applicability of the provisions of IPC - Held: The Act is a special Act vis-a-vis IPC - Section 3 of the Act completely overrides the provisions of Chapter XIII of IPC in respect of the offences and penalties imposable for violations of the provisions of the Act, it being a special Act - Therefore, if offence is made out under the provisions of the Act, an accused cannot be charged for the same offence under Chapter XIII of IPC - Section 51 of the Act also makes it clear that the provisions of IPC insofar as they relate to offences with regard to weight and measure shall not apply to any offence punishable under the Act - However, all the offences under IPC are not excluded - The Act does not foresee any offence u/s. 415, 467, 468, 471, 34 or 120- B of IPC - Since such offences are not punishable under the Act, the prosecution for such offences will be maintained - Offences u/ ss.265 and 267 which fall under Chapter XIII of IPC alone are liable to be quashed - Penal Code, 1860 - Chapter XIII. s.51 - Proceedings for the offences under the Legal Metrology Act - Applicability of provisions u/s.153 of Cr.P.C. - Held: Power of search and seizure in respect of weights and measures is vested with the Designated Authorities under the Act, hence in view of s.51, entire Cr.P.C. is inapplicable in respect of prosecution under the Act - Code of Criminal Procedure, 1973 - s.153. Code of Criminal Procedure, 1973: s.482 - Jurisdiction under - Scope of - Held: Directions of High Court against the interest of the accused in the petition u/ [2019] 11 S.C.R. 1180 1180 A B C D E F G H 1181 s.482 filed by the accused, are beyond the jurisdiction of the High Court - Order by the High Court directing disciplinary action against erring officials in a petition u/s.482 seeking quashing of charge-sheet, is also beyond the scope of jurisdiction of High Court. Partly allowing the appeals, the Court HELD: 1.1 The Act is a special Act vis-à-vis IPC. Section 51 of the Legal Metrology Act, 2009 provides that the provisions of IPC and of Section 153 of Cr.P.C. insofar as such provisions relate to offences with regard to weight and measures only shall not apply to any offence which is punishable under the Act. Section 153 of Cr.P.C permits an officer in charge of police station to enter any place for the purpose of inspecting or searching any weights or measures or instruments for weighing, used or kept therein. Section 153 of Cr.P.C has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Cr.P.C is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose of inspecting or searching for any weights or measures. Section 3 of the Act completely overrides the provisions of Chapter XIII of IPC in respect of the offences and penalties imposable for violations of the provisions of the Act, it being special Act. Therefore, if the offence is disclosed to be made out under the provisions of the Act, an accused cannot be charged for the same offence under Chapter XIII of IPC. Therefore, the provisions of IPC which relate to offences with regard to weight and measure as contained in Chapter XIII of IPC alone will not apply. No person can be charged for an offence relating to weight or measure falling under Chapter XIII of IPC in view of the provisions of the Act. The offences under Sections 265 and 267 IPC are liable to be quashed. [Paras 31, 33, 34 and 36] [1202-E-G; 1201-A; 1203-A-C-G] 1.2 The scheme of the Act is for the offences for use of weights and measures which are non-standard and for tampering with or altering any standards, secondary standards or working standards of any weight or measure. The Act does not foresee any offence relating to cheating as defined in Section 415 of IPC or the offences under Sections 467, 468 and 471 of IPC. THE STATE OF UTTAR PRADESH v. AMAN MITTAL A B C D E F G H 1182 SUPREME COURT REPORTS [2019] 11 S.C.R. Similarl
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