Case Note & Summary
The petitioner, Raj Marketing, a dealer in packaged commodities, had its godown visited by the Inspector of Metrology (Respondent No.2) on 31st October 2006. Various packages were seized including Mangaldeep agarbattis, wholesale packages of Badam Halwa, Candyman, Mint-o Fresh, and multipiece packages of Wheat Atta. The seizure was based on two grounds: (a) on the Mangaldeep agarbattis, the original MRP declared by the manufacturer was altered by affixing another sticker of Rs.35/- over the original sticker; (b) on the wholesale packages of Badam Halwa, Candyman, and Mint-o Fresh, the name and address of the manufacturer were not declared. The petitioner challenged the seizure by way of a writ petition. The court examined the provisions of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. Regarding the alteration of MRP, the court noted that the Act does not prohibit affixing a sticker over the original MRP as long as the original MRP is not obliterated and the sticker does not mislead. The court found that the sticker was affixed without hiding the original MRP and was not misleading. Regarding the wholesale packages, the court referred to Rule 23 which exempts wholesale packages from certain declarations including the name and address of the manufacturer. The court held that the seizure was without authority of law and directed the respondents to return the seized goods to the petitioner. The writ petition was allowed.
Headnote
A) Legal Metrology - Seizure of Packaged Commodities - Alteration of MRP - Section 39 of Legal Metrology Act, 2009 and Rule 23 of Legal Metrology (Packaged Commodities) Rules, 2011 - The petitioner's godown was visited and packages were seized on grounds that MRP was altered by affixing a sticker and that manufacturer's name was not declared on wholesale packages - The court held that alteration of MRP by affixing a sticker does not per se violate the Act if the original MRP is not obliterated and the sticker is not misleading - Further, wholesale packages are exempt from declaring manufacturer's name under Rule 23 - The seizure was quashed and goods were directed to be returned (Paras 1-10).
Issue of Consideration
Whether the seizure of packaged commodities by the Inspector of Metrology was valid under the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011, particularly regarding alteration of MRP and non-declaration of manufacturer's name on wholesale packages.
Final Decision
Writ petition allowed. Seizure quashed. Respondents directed to return seized goods to petitioner.
Law Points
- Interpretation of Section 39 of Legal Metrology Act
- 2009
- Rule 23 of Legal Metrology (Packaged Commodities) Rules
- 2011
- alteration of MRP by sticker
- declaration of manufacturer's name on wholesale packages
- seizure without proper authority
