Once prosecuted under Legal Metrology Act : No prosecution under IPC for weights and measures

Allahabad High Court Partially Quashes Charges Against Petrol Pump Dealer Court Rules Legal Metrology Act Supersedes IPC Provisions on Weights and Measures, Allows Other Charges to Proceed

In a significant judgment delivered on October 17, 2025, the Allahabad High Court, presided over by Justice Vikram D. Chauhan, partially quashed the prosecution against Laxmi Kant Pandey, a petrol pump dealer, under Sections 265 and 266 of the Indian Penal Code (IPC). The decision was made in light of the overriding provisions of the Legal Metrology Act, 2009. The court, however, upheld the continuation of proceedings under Sections 419 and 420 of the IPC and Section 3/7 of the Essential Commodities Act, 1955.

The case stemmed from an inspection conducted on June 14, 2017, at Pandey Filling Station in Badausa, District Banda, where irregularities in the dispensing units were discovered. It was alleged that the wire of the pulser assembly nozzle was found broken, leading to unfair profit through less measurement delivery of fuel, contravening various legal provisions.

Laxmi Kant Pandey's counsel argued that the charges under Sections 265 and 266 IPC could not be upheld as the Legal Metrology Act, 2009, specifically Section 51, supersedes the IPC provisions concerning weights and measures. This argument was supported by the Supreme Court's ruling in the case of State of Uttar Pradesh v. Aman Mittal (2019).

The court concurred with this view, emphasizing that the Legal Metrology Act, being a special act, takes precedence over the IPC in matters related to weights and measures. Consequently, the charges under Sections 265 and 266 IPC were deemed untenable.

However, the court maintained the prosecution under Sections 419 and 420 of the IPC, as well as Section 3/7 of the Essential Commodities Act. The judgment clarified that these charges pertain to acts of cheating and fraud, which are not covered under the Legal Metrology Act. The court noted that the applicant had not contested these charges, allowing the trial for these offences to proceed.

The decision also leaves room for the Investigating Agency or court to charge the accused with other appropriate offences during the trial, should further evidence emerge. This judgment underscores the distinct application of the Legal Metrology Act and the IPC, providing a clear legal precedent for cases involving weights and measures.

Bottom Line:

Legal Metrology Act, 2009 overrides provisions of Chapter XIII of IPC concerning offences related to weights and measures. Prosecution under Sections 265 and 266 IPC is not tenable where the Legal Metrology Act applies.

Statutory provision(s): Section 482 of Criminal Procedure Code, 1973, Sections 265, 266, 419, 420 of Indian Penal Code, 1860, Section 51 of Legal Metrology Act, 2009, Section 3/7 of Essential Commodities Act, 1955

Laxmi Kant Pandey v. State of U.P., (Allahabad) : Law Finder Doc Id # 2796118