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2016 (9) TMI 351 - HC - Indian LawsCharging excess amount than MRP on beer - Legal Metrology (Packaged Commodities) Rules 2011 - Section 18 of the Legal Metrology Act, 2009 - retail dealer – retail sale – reatail sale price – whether the serving of Indian Made Foreign Liquor in a Hotel Bar licenced by the Excise authorities in the State of Kerala will come within the definition of retail sale by a retail dealer and whether the act of selling the item over and above the retail sale price would attract the vice of Rule 18 (2) of LMPC Rules read with section 18 of the principal Act? - Held that: - It cannot be said that the transaction which takes place when a customer enters the licenced premises and purchases alcohol comes within the purview of a retail sale by a retail dealer. Further, the definition of “retail dealer” and “retail sale price” takes in sale of the commodity in packaged form for the use of the ultimate consumer, and no restriction can be placed on its mode of consumption. The decision in the case The Federation of Hotels and Restaurants Association of India and Ors V Union of India [2007 (3) TMI 336 - HIGH COURT OF DELHI] has been followed - continuance of prosecution against the petitioners can only be vexatious – petition allowed – decided in favor of petitioner
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