1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO.675 OF 2005 The State of Maharashtra ..APPELLANT VERSUS M/s Vivek Automobile & anr. ..RESPONDENTS Mr N.R. Shaikh, A.P.P. for the appellant; ; Mr M.K. Goyanka, Advocate for respondents no.1 & 2 CORAM : P.V. HARDAS, J. DATE : 28th September, 2010 PER COURT : This appeal has been filed by the applicant - State challenging the judgment of the Judicial Magistrate First Class,Ambad, dated 26.4.2005 in Summary Criminal Case No.731 of 2004, acquitting the respondents for offence punishable under section 39 (2) of Standards of Weights and Measures Act. 2. According to the prosecution, P.W.1 who was a member of the vigilance squad had raided the petrol pump of the respondents and had noticed five units in working condition. Out of the five units, three units were dispensing diesel while two were dispensing petrol. He accordingly took sample from each of the unit and he noticed varying quantities in the sample. In other words, he noticed that the units were dispensing less 2 petrol and diesel than the quantity which was to be provided. Accordingly a panchnama of the quantity which was provided by the dispensing units was drawn. 3. P.W.1 in his cross-examination has admitted that there are four Inspectors in Jalna District for Legal Metrology Department and every Inspector has been allotted the respective areas. He has admitted that for Wadigodri, Ambad area Shri Kulkarni had been appointed as an Inspector and the petrol pump of the respondent/accused falls in Wadigodri area. He has admitted that it was not mentioned in the complaint that he had received a letter from the Assistant Legal Metrology to remain present at the Wadigodri petrol pump. He has admitted that he had not filed any document on record for showing that he had taken samples of diesel and petrol from the pump. He has also admitted that there was no document or copy of the order issued by his superiors to remain present at the Wadigodri petrol pump. He has further admitted that the Inspector who is appointed for a particular area alone is authorised to inspect the pumps within his area. He has admitted that there is no provision of flying squad or vigilance squad in the Standards of Weights and Measures Act, 1985. 4. The Trial Court, on the basis of the aforesaid evidence concluded that P.W.1 did not have the jurisdiction at all to take samples and file the prosecution against the respondents. Reliance was placed upon the Government Resolution authorising the flying squads to take samples and check adulteration in petrol and diesel. Apart from the question as to whether such executive instructions under Article 162 of the Constitution of India could over-ride the provisions of the statute, the aforesaid Government Resolution deal with the authorisation to draw samples in respect of adulteration of petrol and diesel. The aforesaid Government Resolution did not in any manner confer jurisdiction on P.W.1, who was 3 not the Inspector authorised for that particular area to draw samples and file prosecution. The Trial Court accordingly acquitted the respondents/accused. 5. With the assistance of the learned A.P.P. and Shri Goyanka, learned Counsel for respondents no.1 & 2 I have perused the findings recorded by the Trial Court and have also perused the depositions of the witnesses from the record and proceedings. Upon such perusal I am of the opinion that there is no perversity in the reasoning of the Trial Court to warrant the admission of the appeal. In that light of the matter, there being no merit in the appeal, Criminal Appeal No.675 of 2005 is dismissed. ( P.V.HARDAS, J.) amj/criap675.05