Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.V.JAYAKUMAR, J
Thajudeen S/o.ibrahim – Appellant
Versus
Assistant Controller – Respondent
JUDGMENT :
This criminal revision petition is preferred impugning the judgment of the Additional Sessions Judge, Mavelikkara in Crl.Appeal No.476/2011. As per the impugned judgment, the learned Additional Sessions Judge confirmed the conviction and sentence in S.T.No.251/2007.
2. The petitioner is the 1st accused in S.T.No.251/2007 on the files of the Judicial First Class Magistrate Court, Kayamkulam. The offences alleged against the accused were under Sections 29, 31 r/w 49 and 50 of the Standards of Weights and Measures (Enforcement) Act, 1985.
3. The 1st respondent, the Assistant Controller, Legal Metrology (Flying Squad), Alappuzha, filed a complaint before the Magistrate Court, Kayamkulam alleging that accused nos.1 to 4 obstructed the process of seizure of the articles from a shop owned by the revision petitioner/accused namely, ‘M/s.Dubai Duty Paid Shop’, and thereby committed offences punishable under Sections 49 and 50 of Standards of Weights and Measures (Enforcement) Act, 1985 [hereinafter referred as ‘the Act]
4. The trial court, after a full fledged trial, convicted and sentenced the revision petitioner/1st accused to undergo simple imprisonment for three months and acquit
The authority to conduct searches and seizures must be legally conferred; actions taken without such authority are invalid.
Court upheld the legality of prosecution authorization, clarifying that no hearing was required prior to initiating legal action under relevant statutes.
(1) Search and seizure – As a general rule, every search must be preceded by a warrant and reasons to believe must be recorded.(2) A rational nexus must exist between articles seized and contemplated....
The main legal point established in the judgment is the interpretation of the powers of Certification Officers under the Bureau of Indian Standards Act, 2016, and the implications of the petitioner's....
Point of Law : Provisions of Clause 20(a) of the Control Order, 2018 empower only the police officer not below the rank of Sub-Inspector of the jurisdictional police station as competent to search an....
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 ActA police officer is not specially trained to i....
Point of law: Necessary ingredients for invocation of the powers under Section 457 of the Code having thus not been fulfilled, the provisions of the section cannot be said to be attracted.
The specific roles and responsibilities of individuals within a company must be clearly established to hold them liable for violations under the SWM rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
