MANOJ GUPTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for quashing the proceedings in CC. No. 5280/2009 pending on the file of 7th Additional Chief Metropolitan Magistrate, Bangalore.

(2.) The records reveal that the Inspector of Legal Metrology, Yeshwanthpur Sub-division (Inspector) visited the premises of M/s. Sarkar Sewing Spares and seized two packages of industrial sewing machine needles imported and distributed by GBA on the ground that the packages did not carry declaration as required under Rules 6 and 6(1A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short 'the Rules'). It is not in dispute that the two packaged seized do not bear the declaration as required under Rules 6 and 6(1A) of the Rules.

(3.) Learned Counsel for the petitioner submits that the packages were ultimately meant for selling to the industrial consumers; chapter 2 of the Rules are inapplicable if the package commodities are meant for selling to industrial consumers; he relied upon the definition of retail package found in Rule 2(p) to contend that if the packages in question are intended to be sold to the industrial consumers by retail shop owner, Rule 6 may not be applicable.