The Legal Metrology Act, 2009: the trade it regulates, its offences, and the reasons an officer must record before a search

Background

The Legal Metrology Act, 2009 covers the half of consumer protection that watches how goods are weighed, measured and counted. It was brought in, among other objects, to regulate how goods that are sold or distributed by weight, by measure or by number are traded. The Act enumerates offences and penalties, including fine and imprisonment for violations under it. Among the offences are selling goods or rendering services in a quantity lower than the customer pays for, tampering with weights, and packing pre-packed goods that hold less than the quantity declared on them. An officer who has reason to believe that an offence under this law is or is likely to be committed can, at a reasonable time, enter the premises and carry out search and seizure in the manner the Code of Criminal Procedure lays down. The Supreme Court, in ITC Limited against the State of Karnataka, has clarified that in every search made without a warrant under this Act, recording the reasons to believe is mandatory. The Kerala High Court, hearing a suo motu matter taken up on the Sabarimala Special Commissioner's report, was told that the Legal Metrology Department's legal squad and the Duty Magistrate at Sannidhanam had not been imposing fines on stalls found in breach.