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2008 (10) TMI 348 - HC - Indian LawsPrinters - Weights and measures - whether the petitioners have committed offences under Section 39 of the Standards of Weights and Measures Act, 1976 and Rule 23(1) of the Standards of Weights and Measures (Packaged Commodity) Rules, 1977 punishable under Section 67 and Rule 39(1) of Package Rules? Held that:- An electronic printer which is packed (may be for the purpose of insulation and protection from damage) in the absence of customer, after it is removed it undergoes perceptible modification, and therefore, it falls within the category of pre-packed commodity. Secondly, as admitted in the affidavit filed by second petitioner, first petitioner imports electronic printers, electronic parts and markets the printers and printer parts after assembling them in the facility of Tamil Nadu. It is certainly marketed in different parts of the country in course of inter-State trade or commerce and therefore, all provisions of the Act and Package Rules would apply. Merely because only one unit is packed in one package, the same does not take electronic printers out of the purview of the Act and the Rules. A glance at this provision and more particularly to Explanation I would suggest that the Refrigerator is covered under the term “pre-packed commodity”. Even if the package of the Refrigerator is required to be opened for testing, even then the Refrigerator would continue to be a “pre-packed commodity”. There are various types of packages defined under the Rules and ultimately Rule 3 specifically suggests that the provisions of Chapter II would apply to the packages intended for “retail sale” and the expression “package” would be construed accordingly. It is not disputed before us that the sale of the Refrigerator is covered under the “retail sale”. Once that position is clear Rule 6 would specifically include the Refrigerator and would carry along with it the requirements that Rule of printing certain information including the sale price on the package. Thus it is clear that by being sold by the manufacturer in a packaged form, the Refrigerator would be covered by the provisions of the Act and SWM (PC) Rules and it would be imperative that the MRP has to be printed in terms of Rule 6 which has been referred to above.
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