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2010 (7) TMI 733 - KARNATAKA HIGH COURTRetail sale – confiscatioin of goods - declaration as required under Rules 6 and 6(1A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein. - Proviso to Rule 2(p) further clarifies that the ultimate consumer shall not include industrial or institutional consumers, which means retail package means the packages which are intended for retail sale and which are not meant for industrial or institutional consumers. The packages in question are seized from a retail shop which prima facie means the packages were meant for retail sale to a retail consumer - Held that:- packages were seized in the retail outlet. Industrial consumers will have to buy the packaged commodities directly from the manufacturers or packers for using their products in the industry, only then the provisions of Rule 6 is exempted. Hence, the provisions of Rule 6 are applicable to the matter on hand, Petition fails and the same is dismissed.
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