Case Note & Summary
The petitioner, Kone Elevator India Pvt. Ltd., is a company engaged in the manufacture, supply, installation, and commissioning of elevators. It filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 are not applicable to its business model. The petitioner also challenged two notices issued by the Inspector of Legal Metrology: a seizure notice dated 28.03.2018 and a subsequent notice dated 03.07.2018, and sought a writ of mandamus directing the return of goods seized on 28.03.2018. The petitioner contended that elevators are custom-made and installed at the customer's site, and are not 'pre-packed commodities' as defined under the Rules. The respondent argued that the components of elevators were packed and thus subject to the Act. The court analyzed the definition of 'pre-packed commodity' under the Rules and concluded that elevators, being custom-made and not sold in a packaged form, do not fall within the ambit of the Act or Rules. The court held that the seizure was without authority of law and quashed the notices. It directed the respondent to return the seized goods to the petitioner within a specified period. The petition was allowed.
Headnote
A) Legal Metrology - Applicability to Custom-Made Goods - Pre-Packed Commodity Definition - Legal Metrology Act, 2009; Legal Metrology (Packaged Commodities) Rules, 2011 - The petitioner, engaged in manufacture and installation of elevators, challenged the applicability of the Act and Rules to its business. The court held that elevators are not 'pre-packed commodities' as they are custom-made and installed at site, not sold in packaged form. Consequently, the seizure of elevator components was invalid. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The petitioner sought a declaration and writ of mandamus for return of seized goods. The court exercised its writ jurisdiction to quash the seizure notices and direct return of goods, as the Act and Rules were not applicable. (Paras 1-3)
Issue of Consideration
Whether the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 apply to the business model of the petitioner, which involves manufacture, supply, installation, and commissioning of elevators.
Final Decision
The court allowed the writ petition, declaring that the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 are not applicable to the petitioner's business model. The seizure notices dated 28.03.2018 and 03.07.2018 were quashed, and the respondent was directed to return the seized goods to the petitioner.
Law Points
- Legal Metrology Act
- 2009
- Legal Metrology (Packaged Commodities) Rules
- 2011
- applicability to custom-made goods
- definition of pre-packed commodity
- seizure of goods
- writ of mandamus
