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2021 Supreme(Mad) 2844

G.ILANGOVAN
N. Karthikeyan – Appellant
Versus
State of Tamil Nadu, rep. by S. Dhayanithi, Assistant Inspector of Labour-V, Madurai – Respondent


Advocates Appeared:
For the Petitioner: Mr. B. Babu Rejendran.
For the Respondent:Mr. M. Ganesan, Government Advocate (Crl.Side).

ORDER :

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.16 of 2017 on the file of the learned Additional Chief Judicial Magistrate, Madurai.

2. The case of the respondent before the Trial Court:-

On 15.11.2016, at about 1.30 p.m., the Assistant Inspector of Labour-V along with his Team members, viz., the Inspector of Labour, the Deputy Inspector of Labour and the Assistant Inspector of Labour, made inspection in the premises of the 'Madurai Malligai', SHA Departure Hall, Madurai Airport, Madurai. At that time, the following violations were noted:-

The name Madurai Malligai was printed. But, the name and address of the manufacturer or packer, common or generic names of commodity, quality, weight and maximum retail price of the commodity were not printed. So, this is a violation of Section 18 (1) of the Legal Metrology Act, 2009, r/w 6 (1) (a) (c) (d) & (e) of the Legal Metrology (Packaged Commodities) Rules, 2011. So, it is liable to be punished under Section 36 (1) of the above said Act.

3. Challenging the complaint, the accused is before this Court mainly on the ground that the Assistant Inspector of Labour-V, Madurai is not a competent person to fil

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