The petitioner approached the court seeking to quash the FIR
Kerala High Court
Kochi: Kerala High Court has held that the police have no right to register a crime under the provisions of Indian Penal Code on issues related to weights and measures of products.
The court issued the order on a petition filed by an authorised dealer of Hindustan Petroleum Corporation Ltd against an FIR registered by the police after conducting inspection at their petrol pump.
Justice Raja Vijayaraghavan held that it was illegal on the part of the police to carry out a surprise inspection.
The police officer has no authority to ascertain whether there has been a violation of the provision of the Legal Metrology Act or rule. The court also quashed the FIR.
Deputy superintendent of police, Kozhikode, carried out an inspection at the retail outlet of the petitioner in the presence of the officers of the Legal Metrology Department.
During the inspection, it was revealed that there was a shortage in delivering fuel from the dispensing unit and the cops registered a crime against the petitioner under section 420 IPC for cheating.
The petitioner approached the court seeking to quash the FIR. He contended that the proceedings are not maintainable in view of the statutory interdiction under the Legal Metrology Act.
During the course of arguments, the state contended that the pump owner was dispensing fuel of lesser quantity and offence under section 420 can be registered against him.
The court observed that verification procedure is a very detailed and scientific process involving precise equipment. The preparation and test procedure are also very meticulous and scientific.
The police had no business to carry out such procedures. A police officer cannot take up the mantle of ascertaining whether there has been a violation of the provisions of the Legal Metrology Act.
( Source : deccan chronicle )
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