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2019 (9) TMI 1632 - SC - Indian LawsInterpretation of statute - Indian Penal Code - doctrine of harmonious construction - whether all the offences under Indian Penal Code are excluded in view of Section 3 of the Act or only the offences relating to the weights and measures as are contained in Chapter XIII Indian Penal Code alone stand excluded in view of Section 51 of the Act? HELD THAT:- It cannot be disputed that the Act is a special Act vis-à-vis Indian Penal Code. In MACQUARIE BANK LIMITED VERSUS SHILPI CABLE TECHNOLOGIES LTD. [2017 (12) TMI 850 - SUPREME COURT], this Court adopted a doctrine of harmonious construction to hold that there was clear disharmony between the two parliamentary statutes which cannot be resolved by harmonious interpretation. Section 3 of the Act completely overrides the provisions of Chapter XIII of Indian Penal Code in respect of the offences and penalties imposable for violations of the provisions of the Act, it being special Act. Therefore, if the offence is disclosed to be made out under the provisions of the Act, an Accused cannot be charged for the same offence under Chapter XIII of Indian Penal Code. Reading of Section 51 of the Act makes it clear that the provisions of Indian Penal Code insofar as they relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under the Act. Therefore, the provisions of Indian Penal Code which relate to offences with regard to weight and measure as contained in Chapter XIII of Indian Penal Code alone will not apply. No person can be charged for an offence relating to weight or measure falling under Chapter XIII of Indian Penal Code in view of the provisions of the Act - the scheme of the Act is for the offences for use of weights and measures which are non-standard and for tampering with or altering any standards, secondary standards or working standards of any weight or measure. The Act does not foresee any offence relating to cheating as defined in Section 415 of Indian Penal Code or the offences Under Sections 467, 468 and 471 of Indian Penal Code. Similarly, an act performed in furtherance of a common intention disclosing an offence Under Section 34 is not covered by the provisions of the Act. An offence disclosing a criminal conspiracy to commit an offence which is punishable Under Section 120-B Indian Penal Code is also not an offence under the Act. Since such offences are not punishable under the provisions of the Act, therefore, the prosecution for such offences could be maintained since the trial of such offences is not inconsistent with any of the provisions of the Act. Similar is the provision in respect of the offences Under Sections 467, 468, 471 Indian Penal Code as such offences are not covered by the provisions of the Act - appeal allowed in part.
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