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2016 Supreme(Del) 2202

P.S.TEJI
STANDARD FIREWORKS PVT. LTD. – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sachin Mittal and Mr. Anuj Saxena, Advs.
For the Respondent: Mr. Kamal Kumar Ghei, APP.

JUDGMENT :

P.S. TEJI, J.

1. The present petition has been filed under Section 482 of the Cr.P.C. for quashing the summoning order dated 16.04.2015 and for quashing of the criminal proceedings arising therefrom in Criminal Complaint No.156/1W/2015.

2. The case in the nutshell is that on 21.10.2014, an inspector of Legal Metrology Department, Govt. of NCT of Delhi had visited a shop by the name of M/s Sushil Kumar (Prop.) at T-135, T Type Market, Sri Niwas Puri, New Delhi 110065 and inspected a packet of Standard Brand Thunder Bomb Manufactured by M/s Standard Fireworks (P) Ltd. 1/3, Thiruthangal Road, Sivakasi 626123, but the customer care number was not mentioned on the said package. This led to the filing of the complaint in question. The Trial Court vide order dated 16.04.2015 dispensed with the examiantion of the complainant being a public servant and on perusing the complaint and documents and finding sufficient material on record, took cognizance of offence under Section 18(1) and 36(1) of Legal Metrology Act, 2009 (hereinafter referred to as the ‘Act’) and the petitioner/accused was summoned for 10.09.2015. Hence, the present petition has been filed.

3. The learned counsel for th




















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