JUDGMENT :

1. Heard Mr. Indrajit Sinha assisted by Mr. Bibhash Sinha, learned counsel for the petitioner and Mr. Sunil Kumar Dubey, learned counsel for the State.

2. This petition has been filed for quashing of entire criminal proceeding including order dated 24.08.2013 passed in connection with W.M. Case No. 34 of 2013 whereby cognizance has been taken under sections 31, 33, 38 and 42 of the Legal Metrology Act, 2009, pending in the Court of learned Judicial Magistrate, Ist Class, Bokaro.

3. The complaint has been filed alleging therein that the accused persons were in possession and use of the seized Digital Rail In-motion Weigh Bridge (made in China) and Maximum capacity-Minimum capacity, e-value class (accuracy) etc, Model not mentioned, whose number is XK3105C, without certification and stamping, for failure to produce the documents on notice, for non availability of approval of model and for keeping Weights and Measures equipment without import licence.

4. Mr. Indrajit Sinha, learned counsel for the petitioners submits that in the enclosure to the said complaint a Memo dated 30.03.2013 has been filed wherein it has been reported that uncertified, unstamped and Metlertoledo Ch