Case Note & Summary
The petitioners, Cadbury India Ltd. and its shareholder Vijay Madali, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the seizure memo dated 22/1/2003 and the subsequent notice dated 3/2/2003 issued by the respondents, the Controller of Legal Metrology and the Inspector of Legal Metrology, Thane. The seizure memo had resulted in the seizure of all commodities of the petitioners. The petitioners contended that the seizure was illegal as the mandatory requirement of giving 15 days' notice under Section 15(2) of the Standards of Weights and Measures Act, 1976 was not complied with. The respondents argued that the notice was not mandatory and that the seizure was justified. The court examined the provisions of Section 15(2) of the Act and held that the requirement of giving 15 days' notice is mandatory and not directory. The purpose of the notice is to provide an opportunity to the manufacturer or packer to explain or rectify any alleged deficiency before seizure. Since no such notice was given, the seizure was in violation of the statutory requirement and principles of natural justice. Consequently, the court quashed the seizure memo and the notice, and directed the respondents to return the seized goods to the petitioners. The petition was allowed.
Headnote
A) Legal Metrology - Seizure of Goods - Mandatory Pre-Seizure Notice - Section 15(2) of the Standards of Weights and Measures Act, 1976 - The court held that the seizure of all commodities of the petitioners without giving 15 days' notice as required under Section 15(2) of the Act is illegal and liable to be quashed. The provision of notice is mandatory and not directory, and failure to comply vitiates the seizure. (Paras 1-10) B) Legal Metrology - Seizure of Goods - Natural Justice - Section 15(2) of the Standards of Weights and Measures Act, 1976 - The court observed that the purpose of the notice is to afford an opportunity to the manufacturer or packer to explain or rectify any alleged deficiency before seizure. The seizure without notice violates principles of natural justice. (Paras 5-8) C) Legal Metrology - Seizure of Goods - Validity of Seizure Memo - Section 15(2) of the Standards of Weights and Measures Act, 1976 - The seizure memo dated 22/1/2003 and the notice dated 3/2/2003 were quashed as the mandatory pre-seizure notice was not given. The court directed the respondents to return the seized goods to the petitioners. (Paras 9-10)
Issue of Consideration
Whether the seizure of commodities under the Standards of Weights and Measures Act, 1976 is valid without compliance with the mandatory requirement of giving 15 days' notice under Section 15(2) of the Act.
Final Decision
The court allowed the writ petition, quashed the seizure memo dated 22/1/2003 and the notice dated 3/2/2003, and directed the respondents to return the seized goods to the petitioners.
Law Points
- Standards of Weights and Measures Act
- 1976
- Section 15(2)
- mandatory pre-seizure notice
- seizure memo
- natural justice
- legal metrology
- packaged commodities
- net quantity
- maximum permissible error
