IMPORTANT POINT
Vicarious liability under the Standards of Weights and Measures (Enforcement) Act requires specific averments linking the accused to the commission of the offence, not mere implication.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. The instant revisional application has been filed by the petitioners for quashing the proceedings of Case No. C.R. 230 of 2008 pending before the Learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad under Sections 37(1)(vii), 9, 38, 39(1), 39(2), 61 and 62 read with Section 60 of the Standards of Weights and Measures (Enforcement) Act, 1985.

2. The Inspector of Legal Metrology, Jangipur Unit No. 46, District-Murshidabad, instituted a complaint in the Court of Learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad, being authorized to file the same by the Controller of Legal Metrology, West Bengal under Section 63 of the Standard of Weights and Measures (Enforcement) Act, 1985 (hereinafter referred to as ‘the said Act’) against the present petitioners no. 1, 2 and 3 who are described as follows:The petitioner no. 1, Hindustan Petroleum Corporation Limited is a Government Company under the Companies Act, 1956 and also a Government of India Enterprise functioning under the administrative control of Ministry of Petroleum and Natural Gas, Government of India dealing with the business of refining, distributing and marketing various petroleum products such as High Speed Diesel (HSD), Motor Spirit (MS), Superior Kerosene Oil (SKO), Lubricants, Greases, LPG etc., throughout the Country. At the material point of time, petitioner no. 2 and petitioner no. 3 were the Manager and Deputy Manager of Hindustan Petroleum Corporation Limited, Inland Road fed Depot, Rajbandh, P.S. Kanksa, District - Burdwan respectively.

3. Petitioner no. 1/Company had engaged Gorai Transport accused No. 4 amongst other transporters for transportation of its bulk petroleum products from its refilling depots to diverse retail outlets.

4. The aforesaid complaint precisely stated that on 01.04.2008 at about 10:00 a.m., one Shri Goutam Kumar Roy, the Proprietor of M/s. Amar Service Station, informed the complainant that on 31st March, 2008 one of the Tank Trucks owned by accused no. 4 and bearing registration no. WB-41C/4908 transported 12000 litres of Turbojet High Speed Diesel from Rajbandh Depot of the petitioner no. 1/Company, while the said diesel was being decanted from the said Tank Truck to a Retail Outlet dealer viz. M/s. Amar Service Station, it was noticed that the service fuel tank of the said vehicle was overflowing. Being suspicious, the employees examined the vehicle tank discreetly and found a fitting of pipes diverting the portion of the oil of a vehicle tank meant for consignee into the service fuel tank. The capacity of the fuel tank was 150 litres to 160 litres of oil. A device was detected which was capable of being operated behind the driver’s seat by means of an adjusting knob/wheel being hidden. Subsequently, the police was informed for assistance. The vehicle was inspected in the presence of Sub-Inspector of Police Raghunathganj P.S. Assistant Controller of Legal Metrology, Shri Goutam Kumar Roy, Proprietor of Amar Service Station etc. amongst other employees of the Office of Assistant Controller of Legal Metrology, Jangipur, Murshidabad as well as the employees of Amar Service Station.

5. The complaint in question described the following anomalies:

“(i) That a separate fittings in the form of a pipe line (Polythene) which is connected to the delivery line of the compartment No. 3 of the Vehicle Tank at one end and to the Service fuel Tank of the Vehicle Tank at the other was there along the chassis under Tank compartments. The said Pipe line is connected to the delivery line before a Check Valve installed on it meant for regulating delivery of Oil from the compartment No. 3. At the place where the unauthorized Pipe line meets the delivery line a small metal connector welded on the line connect the two. This meeting point is further covered by a small Metal Box which is fixed on the chassis of the Vehicle Tank by means of nuts & bolts. The said illegal pipeline has one adjusting knob