9911796707
TMI Blog2007 (10) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner vide prayer clause (C) has also prayed for quashing and setting aside the impugned seizure recorded under Seizure Memo No. 74893 dated 22nd August, 2006. 2. Facts in brief as are necessary for the decision of this petition may briefly be stated thus : The second respondent who is Inspector of Legal Metrology visited the warehouse of carrying and forwarding agents of the petitioner company at Aurangabad on 22-8-2006 and seized 247 boxes containing multipiece packs of 'Pears - pure and gentle' and 'Pears - complete care' bathing bars on the allegations that the impugned packages did not comply with the provisions of Rule 17(2) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 inasmuch as the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Aurangabad Region, Aurangabad. In the affidavit in reply, the contention of the appellate authority are reiterated by stating that it was incumbent for the petitioner to have made the declaration in accordance with Rule 17(2) on each individual bars of soap contained in multipiece pack. It is also submitted that the second respondent has filed a Criminal case, viz. S.C.C. No. 140 of 2007 on 22-2-2007 and the said criminal case is pending. 5. Before we advert to the submissions advanced before us by Mr. Sunil Manohar, learned Counsel appearing on behalf of the petitioner and Mr. Borade, learned A.P.P. appearing on behalf of the respondents No. 1 and 2, it would be useful to refer to Rule 17(2). Rule 17(2) of the Standards of Weights a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elates to the individual pieces of commodity contained in the multi-piece package, and therefore, it was incumbent for the petitioner to have made a declaration on the individual pieces contained in the multi-piece package that the individual pieces were not entitled for retail sale. 7. Perusal of Rule 17 shows that every multi-piece package shall bear certain declarations in addition to the declarations which are required to be made under any other provision of the Rules. The declarations which are required to be made in addition to the other declarations on the multi-piece package are (i) the number of individual pieces of the commodity contained in the package and (ii) the sale price of the multi-piece package. The proviso to sub-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... package and the word "they" would refer to the individual packages. As pointed out by us above, since the individual pieces in the multi-piece package are neither packaged or labelled or are capable of being sold individually, sub-rule (2) of Rule 17, according to us, mandates the imprinting of a declaration that the individual pieces are not intended for retail sale. 9. The proviso to sub-rule (1) states that in the event the multi-piece packages are capable of being sold separately and are packaged and labelled accordingly they should bear the requisite declaration regarding the quantity and the retail price. Sub-rule (2) contemplates a situation where the individual pieces in the multi-piece package are neither packaged or labelled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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