TMI Blog2008 (2) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... ndards of Weights and Measures (Packaged Commodities) Rules 1977 (the Rules) made thereunder. 2. The case, in brief, of the petitioner is that it gets the date fruits plucked from the palm trees and gets the seed removed therefrom and repacks and sells seedless dates through distributors throughout India and that the Inspector, Legal Metrology (Weights and Measures Department), Sathenapally (2nd respondent) had on 10-1-2003 seized its product from M/s. Balaji Sweets, Sathenapally on the ground of violation of Section 39 of the Act and Rules, 4, 6(1) (a) and 23(1) of the Rules, on the ground that the seized packets do not bear the declaration of the name and address of the manufacturer as required by the Act and the Rules. After coming to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is not entitled to the relief sought. 4. The main contention of the learned counsel for the petitioner is that since no notification under Section 1(3)(d) of the Act showing that Dates, which are natures bounty are also covered by the Act and the Rules is issued, and as the dates will have to be plucked from the trees at various places in the country, it is not humanly possible to note, on the package, the names of the trees and places from where they are situated at the time of plucking, on the packets marketed by the petitioner, question of the petitioner violating any of the provisions of the Act or Rules does not arise by placing strong on Titan Watches Limited v. The Senior Inspector, Legal Metrology, Weights and Measures Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delivered; or (c) offer, expose or possess for sale, any commodity in packaged form which this Part applies unless such package bears thereon or an a label securely attached thereto a definite, plain and conspicuous declaration, made in the prescribe manner, of - (i) the identity of the commodity in the package (ii) the net quantity, in terms of the standard unit of weight or measure, of the commodity in the package; (iii) where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package; (iv) the unit sale price of the commodity in the package; and (v) the sale price of the package. Explanation : In this sub-section, the expression unit sale price means ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd such undue proliferation impairs in the opinion of that government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, that government may direct the manufacturers and also the packers or distributors to sell, distribute or deliver such commodity in such standard quantities or number as may be prescribed. (6) Whenever the retail price of a commodity in packaged form to which this Chapter applies is stated in any advertisement, there shall be included in the advertisement, a conspicuous declaration as to the net quantity or number of the commodity contained in the package and retail unit sale price thereof. (7) No person shall sell, dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuous declaration, made in accordance with the provisions of this Chapter as to- (a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of the importer. Explanation I : If any name and address of a company is declared on the label without any qualifying words manufactured by or packed by , it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly; Explanation II : If the brand name and address of the brand owner appear on the label as a marketer, then the brand owner shall be held responsible for any violation of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NTHS FROM PACKAGING) NATURAL FOOD - CONTAINS CALCIUM, PHOSPHATE, IRON, VITAMINS, PROTEIN MINERALS 8. As Dates, which admittedly are fruits are grown on trees and are natures bounty, question of noting the name of the manufacturer of the Dates on the package does not arise. In view of Rule 12 (2) read with entry 8 in the Fifth Schedule which relates to all kinds of fruits if weight of the product in the package is noted it is sufficient compliance with the Rules. Net weight, in terms of standard unit of weight and unit sale price of the commodity in the package are found on the product seized by the second respondent. So Rule 4 of the Rules is complied with by the petitioner. As seeds from the Dates are taken away, and those Dates ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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