JUDGMENT

Bibek Chaudhuri, J. - Petitioner No.1 is a company registered under the Indian Company's Act, while petitioner No.2 and 3 were the erstwhile Chairman-cum-Managing Director and General Manager (East) respectively of petitioner No.1 Company. The proforma respondent Nos. 3 and 4 are also the Chairman and Deputy Manager (Maintenance) respectively of proforma respondent No.2 Company.

2. A prosecution was lodged under Section 63 of the Standards of Weights and Measures Act, 1976 read with Section 51 of the Standards of Weights and Measures (Enforcement) Act, 1985 against the petitioners and the proforma respondents on the following allegations.:-

'03. That in course of an enforcement drive under the leadership of Sri H.B. Sarkar (DCLM, Enforcement), on 8.3.04 the complainant entered into the premises of M/s City Service Stn. at 242/D.A.P.C. Road (P.S. Battala) at about 1.30 P.M. and disclosed his identity to Sri Ashok Sadhukhan (Proprietor) present there and asked him to produce some package kept their for sale. Sri Sadhukhan then produced one package of distilled water, manufactured by Accused No.1 along with the signed copy of cash memo no.9515 dt. 16.2.04 of Accused No.1, and on