Judgment B. P. Jha, B. S. Sinha, JJ. 1. In a writ application, the petitioner prays for quashing annexure T and annexure 5. By virtue of annexure T the inspector under the Bihar Weights and Measures (Enforcement) Act, 1959 (Bihar Act 7 of 1959; (hereinafter referred to the Act) issued a notice upon the petitioner for producing weights, litre, measure etc. for inspection on 9th December, 1975. By virtue of annexure 5 the Collector held that the provisions of the Act apply to the case of the petitioner. These are the annexures, which are challenged before us. 2. On receiving notice (annexure 1) the petitioner made a representation to the Collector. The Collector, (vide annexure 5) held that the provisions of the Act apply to the petitioner. 3. Learned Counsel fot the petitioner contends that the provisions of the act do not apply to the case of the petitioner. 4. In this connection, Learned Counsel for the petitioner refers to annexures A and B attached to the counter-affidavit. The counter-affidavit has been filed on behalf of the respondents. In Annexure A it was notified by the state Government that the provisions of the Act will apply to liquors, spirits and other goods mentioned in the notification. Annexure b is also a notification dated 11th October, 1960. By virture of annexure b the provisions of the Act in so far they relate to the units of mass, shall apply in Tirhut Division. In the present case, the notice was issued by the Inspector of Weights and Measures, sitamarhi in respect of a wine shop situated in village Bathnaha in the district of sitamarhi On a perusal of Annexures a and b of the counter-affidavit it is clear that the provisions of the Act in so far as they relate to the units of mass shall apply to the Tirhut Division in respect of liquors, spirits and other goods mentioned in Annexure a. In Sec.2 (i) "standard weight or measure" has been defined. According to this Section of the Act, "standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of Sec.13 of the Standards of Weights and Measures Act, 1956 (LXXX1x of 1956 ). According to this Section of the Act, "standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of Sec.13 of the Standards of Weights and Measures Act, 1956 (LXXX1x of 1956 ). Sec.13 of the Standards of Weights and Measures Act, 1956 states : " (1) The units of mass and measures referred to in Sections 3 and 4 and sections 9 to 11 both inclusive, and the secondary units of mass and measures declared under Sec.12 shall be the standards of mass and measures. (2) No unit of mass or measure other than the units of mass and measures referred to in sub-section (1) shall be used as a standard mass or measure. " Accoding to Sec.4 (1) of the Standards of Weights and Measures Act, 1956 "the primary unit of mass shall be a kilogram. " Under Sec.11 of the said Act the unit or capacity is defined, according to which unit of capacity shall be litre. 5. On a perusal of Annexure a and b of the counter affidavit it is clear that the provisions of the Act in so far as they relate to units of mass shall apply in respect of transaction involving sale and purchase of goods in Patna and tirhut Division. The present case arises out of Tirhut Division. Hence, the inspector is entitled to issue notice to any trader in respect of unit of mass only and not in respect of units measure. The Inspector issued notice to the petitioner, which is dealing in wine, for production of weights, measures etc. The Counsel of the State failed to produce any notification, by which the provisions of the act was made applicable in respect of the units measure. Annexure b provides that the provisions of the Act shall apply in respect of unit of mass in Tirhut division. No notification has been produced before us to show that the provisions of the Act shall apply in respect of the units of measures in Tirhut division. In the absence of such notification we hold that the inspector under the Act had no authority in law in directing the petitioner to produce the units of measure namely, litre etc. It is also well known that the capacity of wine is measured in the shape of litre. It is also well known that "ganja" is weighed by kilogram. In the absence of such notification we hold that the inspector under the Act had no authority in law in directing the petitioner to produce the units of measure namely, litre etc. It is also well known that the capacity of wine is measured in the shape of litre. It is also well known that "ganja" is weighed by kilogram. Hence, the Inspector was not justified in law in directing the petitioner who was dealing in wine to produce units of weight and measures. If the petitioner is holding any other shop of Ganja and Bhang, then in that case the Inspector is entitled to issue notice for the production of the units of measures, hence, in these circumstances we quash annexures i and 5, 6. The Act is a special Act for dealing with the standards of weights and measure. In this connection it is relevant to quote Sec.7 of the Act, which runs as follows : "7. Prohibition of use of weights and measure other than standard weights and measures:- (1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure, other than the standard weights or measures shall be used in any transaction for trade or commerce or in any dealing or contract on for any work to be done or goods to be sold or delivered in any area of class of goods or undertakings in respect of which this Act has come into force. (2) Any custom, usage, practice or method of whatever nature which permits in any trade, a trader, or buyer to demand, receive or cause to be demanded or received any quantity of article in excess of, or less than the quantity fixed by the weight or measure by which the contract or dealing in respect of the said article has been made, shall be void. (3) Any transaction, dealing or contract made, or had in trade or commerce after the expiry of three months from the commencement of this Act shall, in so far as it contravenes the provisions of subsection (1), be void. " On a perusal of Sec.7 (1), it is clear that the Act shall have overriding effect over any other provisions of enactment in force. " On a perusal of Sec.7 (1), it is clear that the Act shall have overriding effect over any other provisions of enactment in force. Sub-section (3) of Sec.7 of the Act provides that if any transaction is made after the expiry of three months from the commencement of this Act in so far as it contravenes the provisions of sub-section (1) of Sec.7 is void. In other words, if a trader uses any weight or measure after the expiry of the three months of the commencement of the Act such transaction shall be void as it is contrary to the provisions of this Act. Any trader can use any weight or measure only when it is duly stamped by the Inspector. The Inspector has also power to inspect the weights and measures of any trader. The Inspector has also power to seize the weights and measures. Under Sec.20 of the Act an appeal is provided from any decision of the Inspector or the Controller. If any one contravenes the provisions of the Act, penalty is also provided in Chapter 4 of the Act. 7. In this connection learned Counsel for the petitioner refers to Sec.24 of the Bihar and Orissa Excise Act, 1915, which provides as follows : - "24. Maintenance and use of measure, weights and instruments by licensed manufacturers and vendors-Every person who manufactures or sells any intoxicant under a licence granted under this act- (a) shall supply himself with such measures, weights and instruments as the Excise Commissioner may prescribe, and shall keep the same in good condition ; and (b) when such measures, weights and instruments have been so prescribed, shall, on the requisition of any Excise Officer duly empowered by the Collector in this behalf, measure, weigh or test any intoxicant in his possession, at such time and in such manner as such Officer may require. " 8. Section 24 provides that every manufacturer or seller of intoxicant shall use such weights and measures have been prescribed by the Excise Commissioner. Sub-section (b) of Sec.24 provides that any Excise Officer shall weigh, or test any intoxicant in the possession of the manufacturer or seller, Sec.62 of this Act provides for penalty under the Bihar and Orissa Excise Act, 1915 for contravention of any provision of the Act. Sub-section (b) of Sec.24 provides that any Excise Officer shall weigh, or test any intoxicant in the possession of the manufacturer or seller, Sec.62 of this Act provides for penalty under the Bihar and Orissa Excise Act, 1915 for contravention of any provision of the Act. In our opinion, so far as weights and measures are concerned, the provisions of the Act shall prevail upon the provisions of the Bihar and Orissa Excise Act, 1915. It is a settled law that special provision shall prevail upon the general provisions of any enactment. The Bihar and Orissa Excise Act, 1915 is a general provision for dealing with the excise cases. The Act is a special Act lor enforcement of the standard weights and measures. Hence, in our opinion, the provisions of the Act shall prevail upon the general provisions of the Bihar and Orissa Excise Act. 9. In view of the observations made above, we quash Annexure 1 for the reasons that there is no notification issued by the State of Bihar to suggest that the provisions of the Act in so far as they relate to units of measures were also applied to Tirhut Division. The Inspector of Tirhut Division under the Act is entitled to apply the provisions of the Act in so far as the units of mass are concerned. The petition is allowed. 10. In the result, the petition is allowed and Annexures 1 and 5 are quashed. The parties will bear their own costs. Petition allowed.