Case Note & Summary
The petitioner, Subash Arjandas Kataria, a sole proprietor of Liberty Optics & Exports, was engaged in trading sun glasses from a counter at Globus Stores, Bandra. On 17th October 2003, the second respondent, Inspector of Legal Metrology, visited the store and seized 5 sun glasses under a panchnama for alleged violation of the Standards of Weights & Measures (Packaged) Commodities Rules 1977, framed under the Standards of Weights & Measures Act 1976. On 22nd October 2003, the respondent along with other officers visited the petitioner's office and handed over a show cause notice in Proforma 'A' calling upon the petitioner to compound the offence under Section 65 of the Standards of Weights & Measurements (Enforcement) Act 1985. Simultaneously, they coerced and compelled the petitioner to write a letter for compounding and to hand over a blank cheque not exceeding Rs.5000/-. The petitioner challenged these actions by filing a writ petition. The court considered the legality of the seizure and the compounding procedure. The court held that the seizure and the demand for compounding under coercion, including a blank cheque, were not in accordance with law and violated principles of natural justice. The court allowed the petition and set aside the impugned actions.
Headnote
A) Standards of Weights & Measures - Seizure of Goods - Section 65 of Standards of Weights & Measurements (Enforcement) Act, 1985 - The Inspector of Legal Metrology seized 5 sun glasses from the petitioner's counter at Globus Stores for alleged violation of the Packaged Commodities Rules. The court examined the legality of the seizure and the compounding procedure. Held that the seizure and the demand for compounding under coercion, including a blank cheque, were not in accordance with law and violated principles of natural justice. (Paras 1-3)
Issue of Consideration
Whether the seizure of sun glasses and the subsequent demand for compounding and blank cheque by the respondents were lawful and in accordance with the provisions of the Standards of Weights & Measures Act and Rules.
Final Decision
The court allowed the writ petition and set aside the impugned seizure and compounding proceedings.
Law Points
- Seizure without proper authority
- Compounding under coercion
- Blank cheque demand illegal
- Natural justice violation
- Standards of Weights & Measures Act 1976
- Standards of Weights & Measures (Packaged) Commodities Rules 1977
- Standards of Weights & Measurements (Enforcement) Act 1985
