This revision petition is directed against the judgment of the Additional Sessions Judge, Sonitpur at Tezpur in Criminal Appeal No. l7 (S-2) of 1989 affirming the order o. conviction and sentence passed by learned Judicial Magistrate, Tezpur in C.R.Case No 281 of 1989.

2. On 4.5.89 a Mobile Court was conducted at Tezpur town by the Judicial Magistrate and in the present case the accused-petitioner was found guilty under section 23 of the Assam Weights & Measures (Enforcement) Act, 1958, for short Assam Act. The accused pleaded guilty and accordingly he was convicted and sentenced to fine of Rs.300/-. While conducting the Mobile Court an offence report was submitted before the trial Court as the accused-petitioner was found in possession of a non-metric tailor's tap. The offence was explained and the accused pleaded guilty.

3. The lower appellate Court rejected the contention made on behalf of the accused that using of non-standard measure that is, tailor's tap can not be brought within the provisions of section 23 of the Assam Act. Lower appellate Court also rejected the contention on behalf of the accused that from the seizure list it would appear that in the tailor's tap both centi

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