CRIMINAL PROSECUTION UNDER LEGAL METROLOGY

CRIMINAL PROSECUTION UNDER LEGAL METROLOGY

The procedure of inspection and prosecution of offences under the provisions of Legal Metrology Act, 2009 is defined in Rule 19 to Rule 21 of the Legal Metrology (Packaged Commodities) Rules, 2011. It states that an appointed Legal Metrology Officer or a Director or Controller is authorized to inspect and examine any premises of the manufacturer, packer, wholesale dealer or retailer if the packages present at the premises is found to be in non-compliance with the rules and provisions of the Act.

The officers are empowered to examine and conduct the tests mentioned in the sixth schedule of the Act. The officer is allowed to enter any such premises on gaining knowledge of non-compliance and inspect the whole premises and obtain the signature of the authorized representative be it a manufacturer, a packer, or any representative or witness and copy of sheet of such data will be given to the authorized representative.

It is the duty of the officer then after to prepare a detailed report of all the findings during the conduct of inspection at the premises containing all the declarations required, net quantity of packages, percentage of error found by them and submit such copy of the report to the authorized representative at that time of the said premises, be it a manufacturer or a packer. 

If during the inspection, it is found in the report prepared by the Legal Metrology officer of the non-compliance of the provisions of rules of the Legal Metrology (Packaged Commodities) Rules, 2011, the officers are authorized to seize as evidence at least five samples of those packages releasing rest of them after the manufacturer or packer comply with the provisions of those rules under the Legal Metrology Act, 2009.

Under Rule 20 of the Legal Metrology (Packaged Commodities) Rules, 2011 if on the completion of the investigation at the premises non-compliance of provisions is found to be in report then the Director, controller or the authorized Legal Metrology Officer shall seize the packages under their custody and present those packages in the Court as evidence for taking actions for such violations as per the Act and the disposal of such packages will be done under the Code of Criminal Procedure, 1973 and its provisions.

Our team of professionals at ELT provides services to any aggrieved person for such non-compliances falling under the Legal Metrology Act by providing our productive assistance in consultancy as well as the litigation part of such offences in order to ensure the win-win situation of our client. 

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