CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
A Controller of legal metrology in a State, or an officer specially authorised by him, is asked to compound offences. Which of the following correctly states the limits on his compounding power under section 48(3)?
The Controller or his specially authorised officer can compound only the offences listed in section 48(3), and the sum accepted can never exceed the maximum fine that may be imposed for that offence. Obstruction under section 40 is not among the compoundable offences.
- AHe may compound any offence under the Act, including section 40, with no cap on the sum
- BHe may compound only listed offences, and the sum must not exceed the maximum fine that can be imposed for the offence compoundedCorrect
- CHe may compound only offences under section 40, and the sum is fixed at twice the fine
- DHe may compound listed offences, but the sum must exceed the maximum fine to act as a deterrent
Explanation
Section 48(3) lists the offences the Controller can compound (such as section 25, sections 27 to 31, 33 to 37, 41, 45 to 47) and provides that the sum shall not exceed the maximum fine for the offence compounded. Section 40 is not in the list of compoundable offences, and no provision requires the sum to exceed the maximum fine.
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