AMA HOSPITALITY PVT LTD Vs. GNCT OF DELHI

JUDGEMENT

(1.) The short question that arises for determination in the present writ petition is whether by selling an eatable, a brownie to be precise, in a paper wrapping, the Petitioner has violated Section 33 of the Standards of Weights and Measures (Enforcement) Act, 1985 ("Act?).

(2.) The Petitioner is a company engaged in the business of selling fast food under the name and style of "Bagels and Brownies?. The fast food sold by the Petitioner, like brownies, cakes, muffins, cookies etc. are prepared and served across the counter. These fast food products are pre-cooked. They are then combined at the outlet and heated before being sold to the customers at the outlet, with the choice of hot or cold filling. If the customer does not wish to consume the product at the outlet itself but wishes to "take away?, it is then placed in a paper bag or wrapped in paper in a loose form, to enable the customer to carry it with him without damaging the product. According to the Petitioner, in the latter circumstance, it is not possible for the wrapper to display any of the details as required under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 ("Rules?).

(3.) On 26th September 2009 the Inspector Legal (Metrology), Government of NCT of Delhi visited the Petitioner's outlet at Malviya Nagar. He purchased a brownie and stated that he wished to take it away. It was then given to him in a paper wrapper. The Inspector informed the employee at the outlet that since the brownie had been wrapped and given to him for being taken away, it should have displayed the weight and other details as mandated by the Rules. This was followed by a notice dated 13th November 2009, received by the Petitioner on 23rd November 2009 alleging that the Petitioner had violated Section 33 and was held guilty under Section 51 of the Act. A penalty of Rs. 5,000/- was levied for contravention of the provisions. A second notice was sent on 16th December 2009.