Section 14

In any proceedings under this Act in respect of an alleged deficiency of weight or measure of any pre-packed article or of bread, the court may disregard any inconsiderable variation in the weight or measure of a single article, but shall have regard to the average weight or measure of a reasonable number of other articles of the same kind (if any) sold or delivered by the defendant, or in his possession for the purpose of sale or delivery, on the same occasion, and generally to all the circumstances of the case.

In any proceedings under this Act, if the defendant proves to the satisfaction of the court that he took all reasonable precautions and exercised all due diligence to avoid commission of an offence, the defendant shall be discharged from the prosecution.

In any proceedings under this Act in respect of an alleged deficiency in the weight of any article delivered to a purchaser, the defendant shall be discharged from the prosecution if he proves to the satisfaction of the court that the alleged deficiency was due to unavoidable evaporation or drainage and that due care and precaution had been taken to avoid such deficiency.

Weights and Measures

B.L.R.O. 5/2014 9

For the purposes of any proceedings under this Act, the weight or measure of any article sold or in the possession of any person for the purpose of trade shall be deemed to be correct if it is proved to be correct within the margin of error permitted by regulations made under this Act in respect of the weighing or measuring equipment by which such article was lawfully weighed or measured for the purpose of such sale or exposure for sale.

Employer answerable for acts of agents and servants.