CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
Kiran, a trader in Pune, physically blocks a legal metrology officer from entering his shop to inspect weights and records. What punishment does the Act provide for a first offence of obstruction?
A first offence of obstructing a legal metrology officer, including blocking entry to premises for inspection, is punishable with imprisonment up to two years. Only a second or subsequent offence attracts imprisonment up to five years under section 40.
- AImprisonment up to two yearsCorrect
- BImprisonment up to five years
- COnly a fine, with no imprisonment
- DImprisonment up to six months
Explanation
Section 40 punishes obstruction of the Director, Controller or a legal metrology officer, including obstructing entry into premises for inspection, with imprisonment up to two years. For a second or subsequent offence the term may extend to five years, so five years is wrong for a first offence.
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