I am a grocery store owner (a small kirana shop). My electronic weighing machine malfunctioned without my knowledge and I am now being prosecuted for using wrong weights. Can I be punished even if it was not done intentionally by me and I was not even aware of such malfunctioning since I am not a technical person? Please help me.
As per the rules / guidelines under the Legal Metrology Act, 2009, weights and measures are required to be re-verified after certain specific intervals of time (which appears to be 12 months for weights and measures and for electronic scales) to maintain their accuracy. So, if you have not got such reverification done, it may be a violation of the legal provisions and may entail penalty.
Moreover, tampering with or alteration in any weights and measures is also punishable under the said Act, though it refers to a deliberate alteration and not unintentional malfunctioning.
So, if you have not made any deliberate alteration in the electronic scale, then you may take that defence with evidence. But, if such scale has not been reverified after specified interval, as required under rules, then also it may be liable for penalty even if the malfunction was not intentional.
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