IPC Provisions Related To Weight Or Measure Do Not Apply To Any Offence Punishable Under Legal Metrology Act: Allahabad High Court

The Allahabad High Court has held that provisions contained in the Indian Penal Code for use of fake weight and measures do not apply to any offence punishable under the Legal Metrology Act, 2009.

The Court was considering an Application seeking quashing of a charge-sheet registered under Sections 265, 266, 419 and 420 of the Indian Penal Code and 3, 7 of the Essential Commodities Act.

The bench of Justice Vikram D. Chauhan observed, "Section 51 of Legal Metrology Act, 2009 further provides that provisions of Indian Penal Code and the Criminal Procedure Code, 1973 insofar as such provision relating to offences with regard to weight or measure, shall not apply to any offence which is punishable under the Legal Metrology Act, 2009."

The Applicant was represented by Advocate Ami Tandon while the Respondent was represented by Government Advocate.

Facts of the Case

The Applicant, a dealer of Hindustan Petroleum Corporation was having its retail outlet in the name and style of Pandey Filling Station. An inspection at the site of the retail outlet of the Applicant was conducted by a team of sales officer of Indian Oil Corporation, Weights and Measure Inspector, Nayab Tehsildar and Police Administration.

The inspection team found that nosal no. 2 is giving out air and nosal would not be checked but the wire in the pulser seal of the unit was found to be broken at the time of inspection.

Counsel for Applicant submitted that offence in respect of Sections 265 and 266 of Indian Penal Code would not be attracted in the facts and circumstances of the present case, more particularly, in view of Section 51 of the Legal Metrology Act, 2009 which stood fortify by the judgement of the Supreme Court in State of Uttar Pradesh Versus Aman Mittal (2019).

Reasoning By Court 

The Court after looking into the relevant provisions accepted the contention of the Counsel for the Petitioner and held, "Learned A.G.A. for the State could not dispute the fact that provisions of Section 265 and 266 of the Indian Penal Code will not be applicable in the facts and circumstances of the case. Learned A.G.A. further has not disputed the fact that provisions of Legal Metrology Act, 2009 would be applicable. Sections 265 and 266 of Indian Penal Code is contained in Chapter XIII of the Indian Penal Code. In view of the aforesaid law laid down by Supreme Court in Aman Mittal (supra) the prosecution of the applicant under Section 265 and 266 of the Indian Penal Code is not tenable under law."

It also noted that the defence raised by the Counsel for the Applicant is a question of evidence and the defence cannot be considered at this stage, more particularly, when the inspection team found the seal of the dispensing unit to be broken. 

The Application was accordingly partly allowed.

Cause Title: Laxmi Kant Pandey v. State of U.P. and Another (2025:AHC:186429)

Appearances:

Applicant- Advocate Ami Tandon, Advocate Kamlesh Shukla, Advocate Raj Mohan Saggi 

Respondent- Government Advocate.

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