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1997 Supreme(Cal) 382

DIBYENDU BHUSAN DUTTA
INDIAN OIL CORPORATION LIMITED – Appellant
Versus
S. A. NEYAZI – Respondent


Advocates Appeared:
JAYMALYA BAGCHI, P.N.GHOSH, PRADIP GHOSH

DIBYENDU BHUSAN DUTTA, J.

( 1 ) THE present application under S. 482 of the Criminal Procedure Code is directed against the proceedings in Case No. C. R. 235 of 1996 pending in the Court of Sub-Divisional Judicial Magistrate, Durgapur.

( 2 ) THE above case arose out of a written complaint lodged by an Inspector of Legal Metrology, Durgapur sub-division with the Court of Sub-Divisional Judicial Magistrate, Durgapur.

( 3 ) THE complainant's case may be stated as follows. In course of a surprise visit of LPG bottling plant of Indian Oil Corporation Limited, the petitioner No. 1 company at Durgapur on 22-3-96 along with Assistant Controller of Legal Metrology, Burdwan and Inspector of Legal Metrology, Durgapur, the petitioner No. 3 who happened to be the acting plant manager of that bottling plant was asked to produce filled LPG cylinders for checking of their net content. The checking was undertaken in presence of the petitioner No. 3 and the complainant verified and checked the cylinders which were supplied by the packer. A weight checking data sheet was prepared in 32 filled cylinders as per procedure laid down in R. 24 of the Standards of Weights and Measures (Packaged Commoditie



















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