Seizure And Prosecution Will Be Initiated Against Sabarimala Stalls Violating Legal Metrology Act: Kerala High Court Told

The Kerala High Court was on Monday (November 24) informed that directions have been issued to carry out seizure, search and prosecution against stalls in Sabarimala that are found to be violating provisions of the Legal Metrology Act, 2009.

The Legal Metrology Act was brought in, among other objectives, to regulate the trade in goods that are sold or distributed by weight, measure or number. The legislation enumerates offences and penalties, including fines and imprisonment for violations under the Act.

Some of the offences include selling goods or rendering services at a lower quantity than for which a customer pays, tampering with weights, selling articles/goods or rendering services in contravention of standard weights/numbers, selling/manufacturing/packing pre-packed goods that contain lesser quantity than is declared, etc.

The Division Bench consisting of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu matter initiated on the basis of the Sabarimala Special Commissioner's report.

As per the report, the Legal Metrology Department's legal squad that conducts inspections along with the Duty Magistrate at Sannidhanam was refusing to impose fines even when stalls were found violating the provisions of the Legal Metrology Act.

According to the Act, if the officer concerned has any reason to believe that an offence under the Act is or is likely to be committed, he can enter the premises at a reasonable time and cause search and seizure in accordance with the Code of Criminal Procedure.

Recently, the Supreme Court, in ITC Limited v. State of Karnataka & Anr., clarified that in every search conducted without warrant under the Legal Metrology Act, the requirement of recording reasons to believe is mandatory.

During the last hearing, the Court had asked the State regarding measures taken to detect violations and prosecute violators.

Pursuant to the direction, it was told today that the executive magistrate and the legal metrology officer have issued directions to carry out the seizure, search and prosecution strictly in tune with the Act and as clarified by the Apex Court in ITC Limited v. State of Karnataka & Anr.

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