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Supreme Court of India 2019-09-04 partly_allowed

State of Uttar Pradesh vs Aman Mittal & Anr

Bench: 2 — Hemant Gupta

In Brief

Uttar Pradesh police charged petrol pump operators with short-delivery offences under IPC sections relating to fraudulent weights and measures, as well as under the Essential Commodities Act. The High Court quashed some charges but issued wide-ranging directions on investigation procedures. The Supreme Court held that while the Legal Metrology Act, 2009 excludes IPC chapters on weights and measures (Sections 265-267), it does not exclude prosecution for other offences like forgery, conspiracy, or dishonesty under different IPC sections. The Court set aside the High Court's investigative directions, as the High Court lacks jurisdiction to direct manner of investigation under Section 482 of the Criminal Procedure Code. The appeals were partly allowed, upholding the quashing of weight-and-measure-specific IPC charges but permitting prosecution under other IPC provisions.

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Criminal Procedure Special Statutes Statutory Interpretation Weights and Measures Investigation and Seizure Essential Commodities Overlapping Criminal Offences

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