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2024 Supreme(Cal) 308

SHAMPA DUTT (PAUL)
Flemingo Duty Free Shop Pvt. Ltd. – Appellant
Versus
Kaushik Bhattacharya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Krishna Raj Thakker, Mr. Anurag Bagaria, Mr. Pawan Kr. Gupta, Ms. Riya Debnath, Mr. D. Santhalia.
For the Respondent: Mr. Bibaswan Bhattacharya.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding in Case No. C- 163 of 2016 under Section 36(1) the Legal Metrology Act, 2009 read with Rule 32 (3) of the Legal Metrology (Packaged Commodities) Rules, 2011 pending before the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas, West Bengal.

2. The Petitioner No.1 is a company within the meaning of the provisions of the Companies Act, 2013 and engaged in the business of operation of Duty Free Shops to deal in Duty Free Goods at Netaji Subhash Chandra Bose International Airport, Kolkata and at other 9 airports and 6 seaports in India. The Petitioner No.2 is an erstwhile officer of the Petitioner No.1. The Petitioner No. 3 is presently employed with the petitioner no.1 at its office at NSCBI Airport, Kolkata.

3. Case no. C-163 of 2016, has been initiated on the basis of complaint filed by the opposite party before the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas, alleging commission of offences by the petitioners punishable under Section 36(1) the Legal Metrology Act, 2009 read with Rule 32 (3) of the Leg

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