The State of Uttar Pradesh vs Aman Mittal & Anr.

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. Similarly, an act performed in furtherance of a common intention disclosing an offence under Section 34 is not covered by the provisions of the Act. An offence disclosing a criminal conspiracy to commit an offence which is punishable under Section 120-B IPC is also not an offence under the Act. Since such offences are not punishable under the provisions of the Act, therefore, the prosecution for such offences could be maintained since the trial of such offences is not inconsistent with any of the provisions of the Act. Similar is the provision in respect of the offences under Sections 467, 468, 471 IPC as such offences are not covered by the provisions of the Act. [Para 35] [1203-D-F] State of Maharashtra v. Sayyed Hassan 2018 (11) SCALE 317 ; Sangeetaben Mahendrabhai Patel v. State of Gujarat & Anr. (2012) 7 SCC 621 : [2012] 3 SCR 1155 - relied on.

Sharat Babu Digumarti v. Government (NCT

of Delhi) (2017) 2 SCC 18 : [2016] 8 SCR 1015 distinguished.

2. The directions of the High Court in proceedings under Section 482 of Cr.P.C. against the interest of the accused in a petition filed by the accused are beyond the jurisdiction of the High Court and, thus, all such observations and directions are quashed. The directions issued by the High Court that the erring officers/officials named in the supplementary report shall be subject to disciplinary action are again beyond the scope of the High Court in a petition under Section 482 of Cr.P.C. seeking quashing of the charge-sheet and are, thus, quashed. [Para 36] [1203-H; 1204-A-B]

3. It is open to the investigating agency to charge the accused for such offences or any other offence by way of a supplementary report or at a subsequent stage during trial as considered appropriate by the investigating agency. [Para 36] [1204-C]

M.C. Abraham and Another v. State of Maharashtra and Others (2003) 2 SCC 649 : [2002] 5 Suppl. SCR

677 ; Khoday Distilleries Ltd. & Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd.

(2019) 4 SCC 376 : [2019] 3 SCR 411 ; Macquarie Bank Limited v. Shilpi Cable Technologies Limited (2018) 2 SCC 674 : [2017] 13 SCR 751 - referred to.