Case Note & Summary
The petitioner, Cadbury India Ltd., a manufacturer of chocolates, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.08.2012 passed by the Controller of Legal Metrology (Respondent No.1) and the proceedings initiated by a notice dated 15.12.2011 issued by the Inspector of Legal Metrology (Respondent No.2). The notice alleged that the petitioner had violated Section 11(1)(c) of the Legal Metrology Act, 2009 by using the word 'angula' (meaning 'inch') in a Kannada version of a television advertisement for its '5 star' chocolate. The advertisement depicted a person asking a tailor to shorten his father's pants by one 'angula'. The respondents contended that 'angula' is a non-metric unit of length and its use in an advertisement contravened the Act. The petitioner argued that the word was used colloquially and descriptively, not as a unit of measurement in trade or commerce. The court examined the notice and the relevant provisions. It observed that the word 'angula' was used in a humorous context to indicate a small measurement, not as a precise unit of length. The court held that the use of the word did not fall within the prohibition of Section 11(1)(c) as it was not used in the context of trade, commerce, or advertisement of a product's measurement. The court quashed the notice and the impugned order, ruling that the proceedings were an abuse of process. The petition was allowed with no order as to costs.
Headnote
A) Legal Metrology - Prohibition of Non-Metric Units - Section 11(1)(c) Legal Metrology Act, 2009 - Interpretation - The court considered whether the use of the word 'angula' (meaning 'inch') in a chocolate advertisement violated Section 11(1)(c) which prohibits the use of non-metric units in any advertisement. The court held that the word 'angula' was used descriptively to indicate a small measurement, not as a unit of length in trade or commerce. The notice was quashed as the expression was not used in the context of trade or commerce but as a colloquial term in a humorous advertisement. (Paras 2-6) B) Legal Metrology - Show Cause Notice - Quashing - Section 11 r/w 29 Legal Metrology Act, 2009 - The court quashed the show cause notice issued by the Legal Metrology Inspector alleging violation of Section 11(1)(c) for using 'angula' in a Kannada advertisement. The court reasoned that the word was not used as a unit of measurement but as a descriptive term, and the notice was an abuse of process. (Paras 3-6)
Issue of Consideration
Whether the use of the word 'angula' in a television advertisement for chocolates constitutes a violation of Section 11(1)(c) of the Legal Metrology Act, 2009, which prohibits the use of non-metric units of measurement in trade, commerce, or advertisement.
Final Decision
The writ petition is allowed. The impugned order dated 13.08.2012 passed by Respondent No.1 and the notice dated 15.12.2011 issued by Respondent No.2 are quashed. Rule made absolute. No order as to costs.
Law Points
- Interpretation of Section 11(1)(c) of Legal Metrology Act
- 2009
- Use of non-metric units in advertisements
- De minimis non curat lex
