Point of law : Police Officer cannot submit a report under Section 173 of Cr.P.C. in regard to an offence under Section 32 of the Drugs and Cosmetics Act
A police officer is not specially trained to investigate into offences under the 2009 Act. Nor is he the person authorised by law to initiate action for contravention with the provisions of the 2009 Act and Rules. In the case on hand, the procedure prescribed under the 2009 Act and the Rules made thereunder, has also not been followed.

JUDGMENT :

The question posed before the Court in this writ petition is whether an Inspector of Police in the Vigilance and Anti Corruption Bureau (VACB for short) can appropriate to himself the powers available to a Legal Metrology Officer under the provisions of the Legal Metrology 2009 Act and Rules framed thereunder, and proceed to initiate action for alleged violation of the 2009 Act and Rules.

2. Heard Sri T. Asaf Ali on behalf of the petitioners, Smt.Rashmi K.M., Government Pleader on behalf of respondents 1 to 5, 7 and 10, Sri Gopikrishnan Nambiar, learned counsel on behalf of the 6th respondent, Sri P.Vijayakumar, learned Assistant Solicitor General of India for the 8th respondent and Sri K.N.Abhilash, learned counsel on behalf of the 9th respondent.

3. The 1st petitioner is a partnership firm and the 2nd petitioner is its Managing Partner. The firm is engaged in the activity W.P.(C)No. 35821/19 4 of bottling LPG cylinders on the basis of licence issued by the 9th respondent Panchayat. According to the petitioners, the business is being carried out with all necessary licenses issued by different statutory authorities and copies of the same have been produced along with the writ petition. The petitioners have entered into agreement with the 6th respondent for bottling assistance and the copy of the latest agreement has been produced as Ext.P10. The officials of the 6th respondent conduct periodical inspection to ensure that the petitioner is carrying on the work in accordance with the requirements under the agreement and the licenses issued by various authorities. Reports are generated by the 6th respondent on the basis of inspection and the report dated 30.11.2019 has been produced as Ext.P12. As per clause 12 of Ext.P10 agreement, it is the duty of the firm to fill LPG into empty cylinders conforming to ISI 3258. The net weight of the cylinder has been fixed at 14.2 KGs.

4. The Central Government who has been arrayed as the 8th respondent in the writ petition, had brought out the Legal Metrology Act, 2009 (hereinafter referred to as 2009 Act) and had also promulgated Rules for the purpose of carrying on the purposes of the Act. The purpose of the 2009 Act is to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by W.P.(C)No. 35821/19 5 weight, measure or number and for matters connected therewith or incidental thereto. Earlier, the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985 were the enactments in force and the new Act intended to combine the provisions of the said enactments. Section 2(h) of the 2009 Act defines the word 'Legal Metrology Officer' to mean Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under Sections 13 and 14 of the 2009 Act. Section 13 (2) says that the qualifications of the Legal Metrology Officer shall be as may be prescribed. Chapter V of the 2009 Act specifies the offences and penalties under the 2009 Act, the manner in which offences can be compounded and also provides for appeals from various orders. Section 15 of the 2009 Act empowers the Director, Controller or any Legal Metrology Officer to inspect a premises and seize any weight or measure or goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under the 2009 Act appears to have been or is likely to be committed. Section 51 of the 2009 Act specifically provides that the provisions of the Indian Penal Code and Section 153 of the Code of Criminal Procedure, 1973 insofar as such W.P.(C)No. 35821/19 6 provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under the 2009 Act. It is significant that Section 153