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2015 (12) TMI 991 - HC - Indian LawsContravention of Rule 6 of the Packaged Commodities Rules - compoundable on payment of compounding fees of ₹ 25,000/- as prescribed under the Packaged Commodities Rules made by the Central Government or on payment of ₹ 2,500/- as prescribed under the State Rules? - Held that:- It is no doubt true that Schedule XI of the Delhi Legal Metrology (Regulation) Rules, 2011 includes the offence of non-compliance of declaration in respect of pre-packaged commodity by manufacturer or dealer under Section 18(1) of the Act. However, in the absence of any provision in the said Rules providing for such declaration on pre-packaged commodity and non-compliance thereof, the said Rules cannot be made applicable for compounding the offences of contravention of Packaged Commodities Rules, particularly after insertion of a specific provision for compounding under Rule 32(3) of the Packaged Commodities Rules. Apparently, sub-section (3) Section 52 of the Act provides for fine but not the compounding fees, whereas the impugned Rule 32(3) of the Packaged Commodities Rules provides for compounding amount. In fact, the upper limit of the compounding fees has been provided by Section 48 of the Act itself inasmuch as the proviso states that the compounding amount shall not in any case exceed the maximum amount of the fine which may be imposed under the Act for the offence so compounded. Under Section 36 of the Act, the fine prescribed for the first offence is ₹ 25,000/-, for the second offence ₹ 50,000/- and for the subsequent offence not less than ₹ 50,000/- which may extend to ₹ 1,00,000/- or with imprisonment for a term which may extend to one year or with both. The compounding fees prescribed as ₹ 25,000/- under Rule 32(3) of the Packaged Commodities Rules is thus in conformity with the Act. Thus, Rule 32(3) of the Packaged Commodities Rules is not in conflict with the parent Act. The conflict, as being contented by the petitioner, is purely imaginary and non-existent and appears to be result of misreading of the provisions. For the aforesaid reasons, the writ petition is devoid of any merit and the same is accordingly dismissed.
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