Case Note & Summary
The petitioner, M/s Procter and Gamble Home Products Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of India challenging the seizure of its goods by the Inspector, Legal Metrology Department, Government of Goa, through two seizure memos dated 3.1.2013. The petitioner's dealers, M/s CMM Tradelinks Pvt. Ltd and M/s CMM Logistics Pvt. Ltd, were involved in the distribution of the goods. The brief facts are that the Inspector seized the goods and issued seizure memos, but failed to serve a copy of the seizure memo to the petitioner or its dealers, as required under Section 15(2) of the Legal Metrology Act, 2009. The petitioner contended that the seizure was illegal and arbitrary, and sought release of the goods. The respondents, represented by the Advocate General, argued that the seizure was valid. The court, after hearing both sides, examined the provisions of Section 15(2) of the Legal Metrology Act, 2009, which mandates that a copy of the seizure memo must be served to the person from whom the goods are seized. The court found that the seizure memos were issued but no copy was served to the petitioner or its dealers, thus violating the mandatory requirement. The court held that the seizure was invalid and allowed the writ petition, directing the respondents to release the seized goods forthwith. The court also made the rule absolute and disposed of the petition accordingly.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Challenge to seizure order - Petitioner challenged seizure of goods by Legal Metrology Inspector on ground of non-compliance with Section 15(2) of the Legal Metrology Act, 2009 - Court held that mandatory requirement of serving copy of seizure memo to the person from whom goods are seized was not complied with, rendering seizure invalid - Held that writ petition is allowed and goods be released (Paras 3-6).
Issue of Consideration
Whether the seizure of goods by the Inspector, Legal Metrology Department, without serving a copy of the seizure memo to the petitioner, is valid under Section 15(2) of the Legal Metrology Act, 2009?
Final Decision
The court allowed the writ petition, quashed the seizure memos dated 3.1.2013, and directed the respondents to release the seized goods forthwith. Rule made absolute.
Law Points
- Seizure of goods without complying with mandatory requirement of serving copy of seizure memo to the person from whom goods are seized is invalid
- Section 15(2) Legal Metrology Act
- 2009
- Article 226 Constitution of India
