Judicial review under Articles 226 and 227 is permissible when actions are devoid of jurisdiction, emphasizing adherence to procedural safeguards during searches.

ORDER

The petitioner is before this Court seeking the following prayer:

“a. Issue a Writ of Certiorari or any other Writ quashing the impugned Seizure Receipt bearing No.1692401 dated 19.07.2022 issued by the Respondent No.2 Department vide Annexure A as the same is illegal, arbitrary and bad in law.

b. Issue a Writ of Certiorari or any other writ quashing the impugned Compounding Notice bearing No.LMO/PC/CN/1692401/18-19 dated 19.07.2022 issued by the Respondent No.2 Department vide Annexure A1 as the same is illegal, arbitrary and bad in law.

c. Declare that action of Respondent no.2 of initiating search and seizure dated 19.07.2022 as illegal and contrary to Section 15 (4) of the Legal Metrology Act, 2009 .

d. Direct the Respondent to return the article bearing nos.Model Nos.12036442, 11031761 and 12036442 that were seized during the search.

e. To issue any other appropriate Writ, order or direction as may be deemed fit and necessary in the peculiar circumstances of the case including the cost of this Petition.”

2. Heard Sri A. Mahesh Chowdhary, learned counsel for petitioner and Sri B.V.Krishna, learned Additional Government Advocate appearing for the respondents.

3. Learned counsel for the petitioner would submit that the issue in the lis stands covered by plethora of judgments rendered by the Co-ordinate Benches of this Court, one of which, I deem it appropriate to quote, a Co-ordinate Bench of this Court in the case of ITC LIMITED VS. STATE OF KARNATAKA AND ANOTHER IN W.P.NO.8954/2020, DISPOSED ON 04.09.2020, has held as follows: “10. Section 15 of the Act gives power to Respondent No.2 so as to enter the premises to search and seize any weight, measure and other goods. Section 15 of the Act reads thus :

“ Section 15 . Power of inspection, seizure, etc.-(1) The Director, Controller or any legal metrology officer may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal “knowledge or otherwise, that any weight or measure or other 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 this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation,

(a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;

(b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.

(2) The Director, Controller or any legal metrology officer may also require the production of every document or other record relating to the weight or measure referred to in sub-section (1) and the person having the custody of such weight or measure shall comply with such requisition.

(3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed.

(4) Every search or seizer made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures.”

11. A bare reading of Section 15 of the Act would indicate that, if, an authority, has reason to believe that, an offence under this Act appears to have been made, or is likely to