JUDGEMENT
-
(1.)Heard Mr. Vivek Awchat, the learned counsel for the applicant and Mr. S.S. Doifode, the learned APP for non-applicant/
State.
(2.)The petitioner is assailing the order dtd. 17/1/2015 rendered by the Judicial Magistrate First Class, Parshioni, in
Summary Criminal Case 137/2014, which reads thus:
"i) Perused the case and documents.
ii) Heard.
iii) The case is filed by the Government Officer alleging that the alleged persons have contravened the provisions of Legal Metrology Act. Prima facie it appears that offence punishable under sec. 18 of the said Act is made out. Hence, issue process against said accused on P.F.."
(3.)The learned counsel for the petitioner Mr. Vivek Awchat invites my attention to sec. 49 of the Legal Metrology
Act, 2009 ("Act" for short) in support of the submission that since
Mr. Ashwin Patel was nominated by the Company under
sub-sec. 2 of sec. 49, as the person authorized to exercise all
such powers and take all such steps as may be necessary or
expedient to prevent the commission by the company of any
offence under the Act, the order of issuance of process against the
petitioner and Managing Director is jurisdictionally infirm.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.