IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 22733 of 2003(F) --------------------------------------- PETITIONER(S): ----------------------- 1. SRI.K. BHASKARAN, MANAGING DIRECTOR, M/S.UNITY DRUG CENTRE, REVERA SHOPPING COMPLEX, 1ST FLOOR, KANHANGAD. 2. SRI.BALAKRISHNAN, PARTNER, M/S.UNITY DRUG CENTRE, REVERA SHOPPING COMPLEX, 1ST FLOOR, KANHANGAD. 3. SRI.KUNHIKANNAN, PARTNER, M/S.UNITY DRUG CENTRE, REVERA SHOPPING COMPLEX, 1ST FLOOR, KANHANGAD. 4. SRI.MATHEW SAMUEL, MANAGING DIRECTOR, M/S.CALICUT DRUG LINES, POST BOX NO.636, 16/942, KALLAI ROAD, KOZHIKODE-672 002. 5. SRI.VIKRAN TANNAN, MANAGING DIRECTOR, M/S.UNIVERSAL MEDICARE (P) LTD., DEONAR, SION-TROMBAY ROAD, MUMBAI-400 088. 6. SRI.S.M. KANWAR, CHIEF EXECUTIVE OFFICER, M/S.UNIVERSAL MEDICARE (P) LTD., DEONAR, SION-TROMBAY ROAD, MUMBAI-400 088. BY ADV. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB. RESPONDENT(S): -------------------------- 1. THE INSPECTOR, LEGAL METROLOGY, KANHANGAD, KASARGOD DISTRICTA, KERALA. WP(C).No. 22733 of 2003(F) 2. THE ASSISTANT CONTROLLER, LEGAL METROLOGY, KASARGOD. 3. THE CONTROLLER, LEGAL METROLOGY, TRIVANDRUM. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. R1 TO R4 BY BY GOVT. PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22733 of 2003(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 27/09/2001. EXT.P2: COPY OF THE SHOW CAUSE NOTICE. EXT.P3: COPY OF THE ABOVE LETTER ADDRESSED TO THE OFFICE OF THE INSPECTOR OF LEGAL METROLOGY DATED 13/09/2002. EXT.P4: COPY OF THE REPLY DATED 17/09/2002 SENT TO THE INSPECTOR OF LEGAL METROLOGY, KANHANGAD BY THE 6TH PETITIONER. EXT.P5: COPY OF THE LETTER DATED 30/09/2002. EXT.P6: COPY OF THE LETTER DATED 16/10/2002 SENT TO THE 1ST RESPONDENT BY THE PETITIONER. EXT.P7: COPY OF THE LETTER DATED 02/11/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 13/11/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE LETTER DATED 04/12/2002. EXT.P10: COPY OF THE SAID LETTER DATED 11/12/2002. EXT.P11: COPY OF THE NOTICE DATED 09/01/2003 SENT BY 5TH PETITIONER. EXT.P12: COPY OF THE NOTIFICATION DATED 17/05/1995. EXT.P13: COPY OF THE LETTER DATED 15/01/2003. EXT.P14: COPY OF THE PROCEEDINGS DATED 27/01/2003. EXT.P15: COPY OF THE INTERIM ORDER DATED 31/01/2003. EXT.P15(a): COPY OF THE ORDER DATED 28/02/2003. EXT.P16: COPY OF THE COMPLAINT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE LIST OF ARTICLES SUBMITTED BEFORE THE JFCM-I, HOSDURG. EXT.R1(b): COPY OF THE WRAPPER OF SEVEN SEAS SEACOD COD LIVER OIL. EXT.R1(c): COPY OF THE PAMPHLET OF SEVEN SEAS SEACOD COD LIVER OIL. //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 22733 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 J U D G M E N T This writ petition is filed challenging a complaint filed before the criminal court against the petitioners under the Standards of Weights and Measures Act and the Standards of Weights and Measures (Enforcement) Act. After arguing for sometime the learned counsel for the petitioners submits that, all the contentions of the petitioners may be permitted to be raised before the criminal court considering the complaint filed against the petitioners. Accordingly, this writ petition is dismissed without prejudice to the right of the petitioners to take all their contentions before the criminal court considering the complaint against the petitioners. It would also be open to the petitioners to opt for compounding of the offence if they so choose. S. SIRI JAGAN JUDGE shg/