Section 34 in The Bombay Weights and Measures Act, 1932
34. Penalty for use and possession of weight, measure, etc., not authorised.
- Whoever uses or has in his possession for use for trade any weight or measure or 'weighing or measuring instrument [which be knows to be false or defective or which is not authorised] [These words were substituted for the words 'which is not authorised' by Bombay 15 of 1955, Section 21(a).], verified [or re-verified] [These words were inserted by Bombay 1 of 1939, Section 2(i).] or stamped under or in accordance with the provisions of this Act and the rules[* *] [ The words 'and regulations' were deleted by Bombay 15 of 1955, Section 21(b).] shall, on conviction, be punishable with fine which may extend to rupees five hundred and any trade had or made by such weight or measure or weighing or measuring instrument shall be void.[Explanation [1] [The Explanation was added by Bombay 1 of 1939, Section 2(ii).].- When any such weight or measure or weighing or measuring instrument is found in the possession of any ,trader or of any employee or agent of such trader, such trader, [employee or agent] [These words were inserted by Bombay 17 of 1951, Section 2(1).] shall be presumed, until the contrary is proved, to have had it in his possession for use for trade.][Explanation 2.- Where any weight or measure or weighing or measuring instrument is used or possessed in contravention of this section by any employee or gent of a trader on behalf of such trader, such trader shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent be also deemed to be guilty of such offence.] [This Explanation was added by Bombay 17 of 1951, Section 2(2).]
