VidhiSangh

Supreme Court of India · 04/09/2019

THE STATE OF UTTAR PRADESH versus AMAN MITTAL & ANR.

[2019] 11 S.C.R. 1180 · 2019 INSC 1001

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Summary

Petrol-outlet prosecutions raised whether the Legal Metrology Act displaced all IPC offences arising from alleged short delivery through manipulated dispensing units. The Court held that the Act excluded the weights-and-measures offences in IPC Chapter XIII, but did not bar distinct offences such as cheating, forgery and conspiracy where made out. It also set aside intrusive investigative and disciplinary directions issued on the accused’s quashing petition.

Issues

  1. Whether the Legal Metrology Act excluded all IPC charges or only weights-and-measures offences.
  2. Whether the High Court could prescribe the course of investigation and adverse disciplinary action in these quashing proceedings.

Provisions considered

Held

Result

The appeals were partly allowed. Quashing of Sections 265 and 267 IPC was sustained, including in the connected case. The other impugned directions and observations were set aside, leaving the agency free to complete lawful investigation and bring appropriate charges without a finding of guilt.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 1180.