ITC LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is a private sector company engaged in the business of fast moving consumer goods, Hotels, Paperboards and Packaging, Agri Business and information technology. Petitioner also specializes in the business of a wide range of stationery items including exercise books/note books, pen pencil etc., under its popular brand 'Classmate'.

(2.) Petitioner states that, on 2.07.2020, Respondent No.2 without any warrant or prior notice or without any reasonable basis or reasons to believe inspected the premises of the petitioner and seized 7,600 prepackaged wholesale packages of exercise books alleging that the labels affixed on the said wholesale packages are in violation of Rule 24(a) of the Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as 'Rules') and further the wholesale packages do not bear declarations as required under the Rules.

(3.) Petitioner further states that the wholesale packages containing classmate exercise books were seized by drawing up of panchanama in the presence of one pancha who happens to be driver of Assistant Controller of Legal Metrology Inspection Squad 2, Ali Askar Road, Bengaluru. Petitioner further states that notice dated 2.07.2020 was issued under Section 48 of the Legal Metrology Act, 2009 (for short 'Act') for compounding of the offence punishable under Section 36 of the Act. Petitioner's grievance is that search and seizure conducted by Respondent No.2 is in violation of Section 15(4) of the Act. Hence, this writ petition.