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2021 Supreme(Ker) 489

T.R.RAVI
Malabar Fuel Corporation Represented By Its Managing Partner – Appellant
Versus
State Of Kerala Represented By Addl. Chief Secretary, Vigilance – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.Asaf Ali, Laliza.T.Y., Advs.
For the Respondent: Smt.Rashmi K.M.,Government Pleader, Sri.M.Gopikrishnan Nambiar, Smt.Nayanpally Ramola, Sri.K.John Mathai, Sri.Joson Manavalan, Sri.Kuryan Thomas, Sri.Paulose C. Abraham, Sri.Raja Kannan, Sri.P.Vijayakumar, Asgi, Sri.K.N.Abhilash, Sri.Sunil Nair Palakkat, Advs.

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 wr

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