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Malabar Fuel Corporation v. State of Kerala

  • Order

Legal Metrology, 2009The qualifications of the Legal Metrology Officer and the functions enumerated clearly show that the officer is specially trained to investigate into offences under the Act. The 2009 Act also prescribes a special procedure that has to be followed while conducting the inspection. A police officer is not specially trained to investigate into offences under the 2009 Act. Nor is he the person authorised by law to initiate action for contravention with the provisions of the 2009 Act and Rules.

In the case on hand, the procedure prescribed under the 2009 Act and the Rules made thereunder, has also not been followed. The actions of the respondents are hence without any authority in law and are liable to be quashed. It is unfortunate that either out of ignorance or on pretended ignorance of law, Police officers are exercising powers which are not available to them and such actions get condoned; the only consequence being an undoing of the wrong by the Court in a certiorari action. The fact that the police officers do not enjoy any immunity from law for their actions which are per se without any authority in law, appears to have been comfortably forgotten.

Citations : 2021 (4) KCC 38 : 2021 (4) KHC 436 : 2021 (3) KLJ 505 : 2021 (4) KLT 447