Kerala High Court
Navdeep Choudhary vs State Of Kerala on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 26th day of August 2022 / 4th Bhadra, 1944
CRL.M.APPL.NO.1/2022 IN CRL.MC NO. 5857 OF 2022
ST 918/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/PETITIONER:
M/S YUM RESTAURANTS INDIA PVT LTD, 4TH FLOOR, TOWER-2, WORLDMARK,
SECTOR-65, GURGAON, HARYANA PINCODE-122 001, REPRESENTED BY CHIEF
LEGAL OFFICER NAVDEEP CHOUDHARY, PIN - 122001
RESPONDENTS/RESPONDENTS :
1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
2. THE SENIOR INSPECTOR LEGAL METROLOGY, KOLLAM POST, KOLLAM DISTRICT,
PIN - 691001
Application praying that in the circumstances stated therein the
High Court be pleased to stay all further proceedings in S.T. No.918 of
2016 of the Court of the Judicial First Class Magistrate-II, Kollam,
pending final disposal of this Criminal Miscellaneous Case.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/s. G.P.SHINOD, GOVIND PADMANAABHAN,
AJIT G ANJARLEKAR and ATUL MATHEWS, Advocates for the petitioner and the
Public Prosecutor for respondents, the court passed the following:
ZIYAD RAHMAN A.A., J.
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Crl. M.A. No.1 of 2022
&
Crl. M.C. No.5857 of 2022
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Dated this the 26th day of August, 2022
ORDER
Crl.M.C. No.5857/2022
Admit.
The learned Public Prosecutor takes notice for the respondents.
Post along with Crl. M.C. No.8720/2018. Crl.M.A. No.1/2022 The prosecution against the petitioner is launched on the allegation that the petitioner were found selling Pepsi and 7-UP in non standard units and therefore they have committed the offences punishable under Sections 7, 8, 10, 11, 15(2),24, 25, 28, 29, 31 and 33 of the Legal Metrology Act, 2009.
The specific case of the petitioner is that, 7Up and Pepsi were sold not in the form of a packaged commodity and it was being sold in glasses which were disbursed in front of the Crl.M.C. No.5857/2022 :2 : consumers. According to the petitioner, the same would not come within the purview of pre- package commodity as defined under Section 2(1) of the Act. On perusal of the allegations and materials, I find a prima facie case in favour of the petitioner. Therefore there shall be an interim order staying all further proceedings in S.T. No.918/2016 pending before the Judicial First Class Magistrate's Court-II, Kollam, as against the petitioner, for a period of four months.
Sd/-
ZIYAD RAHMAN A.A. JUDGE ncd/26.08.2022 26-08-2022 /True Copy/ Assistant Registrar