Karnataka High Court
Nagaraj N.S. vs State Of Karnataka on 18 February, 2016
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18th DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR.JUSTICE PRADEEP D. WAINGANKAR
Crl.P.NO.7153/2015
BETWEEN :
NAGARAJ.N.S
MANAGER
PEPSICO INDIA HOLIDNGS PVT. LTD
HAVING ITS OFFICE
AT 34TH STONE
NATIONAL HIGHWAY 4,
TEPPADA BEGUR VILLAGE,
NELAMANGALA
BANGALORE RURUAL
DISTRICT - 562 123. ... PETITIONER
(BY SRI.GERALD MANOHARAN, ADV.)
AND:
STATE OF KARNATAKA
BY INSPECTOR OF LEGAL METROLOGY,
FLYING SQUAD-I, NO.-1,
ALI ASKER ROAD,
BANGALORE - 560 052. ... RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 CR.P.C PRAYING TO QUASH THE
COMPLAINT (ANNEXURE-'A') AND THE SUBSEQUENT
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PROCEEDINGS IN C.C.NO.1681/2012 (ANNEXURE-'B') ON
THE FILE OF THE CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, NELAMANGALA.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This is a petition filed under Section 482 of Cr.P.C.
to quash the complaint at Annexure-A and the subsequent proceedings in C.C.No.1681/2012 on the file of the Civil Judge & JMFC., Nelamangala.
2. The inspector of Metrology, Bengaluru, filed a private complaint against the petitioners M/s Pepsico India Holdings (P) Ltd., and its directors for the offences punishable under Section 49 & 36(1) of the Legal Metrology Act 2009. The allegations made out in the complaint are that the petitioners have not obtained the manufacturer Registration Certificate as required under the Legal Metrology (Packaged Commodities) Rules 2011. In fact, the petitioner had obtained registration 3 certificate under the Standards of Weight and Measures Rule 1977 on 9.1.1997 at No.DL/975/95. The said registration continues to be valid till date, as could be seen from Annexure-C, copy of the certificate. Now, the standard of Weight and Measures Rules 1977 being repealed, and the same is replaced by Legal Metrology (Packaged Commodities) Rules 2011.
3. Rule 34 of the Legal Metrology (Packaged Commodities) Rules 2011 reads as under:
34. Repeal and savings: (1) The Standards of Weights and Measures (Packaged commodities) Rules, 1977 (herein under referred to as the said rules) are hereby repealed:
Provided that such repeal shall not affect:
(a) The previous operations of the said rules or anything done or omitted to be done or suffered therein; or 4
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or © any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
And any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said rules had not been rescinded.
(2) Notwithstanding such repeal anything done or any action taken or purported to have been done or taken including approval of letter, exemption granted, fees collected, any adjudication, enquiry or investigation commenced, licence and registration or manufacturers, dealers, 5 importers of pre-packaged commodities, or show cause notice, decision, determination, approval, authorization issued, given or done under the said rules shall if in force at the commencement of the said rules continue to be in force and have effect as if issued, given or done under the said rules shall if in force at the commencement of the said rules continue to be in force and have effect as if issued, given or done under the corresponding provisions of these rules.
(3) The provisions of these rules shall apply to any application made to the Central Government or as the case may be the State Government under the said rules for licence, registration of manufacturers, importers, dealers of pre-packaged commodities pending at the commencement of these rules and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
(4) Any legal proceeding pending in any court under the said rules at the 6 commencement of these rules may be continued in that court as if these rules had not been framed.
(5) Any appeal preferred to the Central Government or as the case may be the State Government under the said rules and pending shall be deemed to have been made under the corresponding provisions of these rules.
Thus from the reading of 34 of the Rules, it is abundantly clear that though the standards of Weight and Measures (Packaged Commodities) Rules 1977 are repealed, which shall not affect the registration granted under the Standard Rules 2011. In other words, the registration certificate obtained under the Rules 1977 is still valid and therefore, the complaint filed by the respondent/complainant is not sustainable in law. As such, the proceedings in C.C.No.1681/2012 on the file 7 of the Civil Judge & JMFC., Nelamangala are hereby quashed.
Sd/-
JUDGE Psg*