#Section 49

The court held that prosecuting a company officer without arraying the company as accused and without showing a nomination under Section 49 of the Legal Metrology Act, 2009 constitutes an abuse of process. This ruling clarifies vicarious liability requirements under the Act and protects officers from unwarranted prosecution.

The Gauhati High Court has ruled that prolonged administrative confiscation of property under Section 49 of the Assam Forest Regulation, without timely completion of investigation, amounts to a violation of the right to speedy justice under Article 21. This sets a critical precedent for forest authorities across Northeast India, requiring them to conclude proceedings within a reasonable timeframe or forfeit the legal basis for continued detention.