GODREJ AND BOYCE MFG CO LTD. Vs. STATE

JUDGEMENT

(1.) Petition under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed on behalf of the Petitioners seeking quashing of the Summoning Order dtd. 20/12/2019 in Criminal Case No. 63/2019 under Ss. 18(1) and 36(1) of Legal Metrology Act, 2009 (hereinafter referred to as 'LM Act').

(2.) Briefly stated, Petitioner No.1, Godrej and Boyce Manufacturing Co. Ltd. ('Godrej') is a Company having its registered office at Pirojshangar, Vikhroli, Mumbai, 400079 and deals in manufacture and import of various consumer and industrial products. Petitioner No. 2, M/s. MBJ Traders Pvt. Ltd. ('MBJ Traders') is the trade partner and dealer of the Petitioner No.1, Godrej.

(3.) The Respondent No.1, Controller, Legal Metrology, Govt of NCT of Delhi (Controller, LM), filed a Complaint under Ss. 18(1) and 36(1) of the LM Act before the Ld. MM wherein it was asserted that on 20/8/2019, Insp. Legal Metrology inspected the premises of Petitioner No. 2, MBJ Traders and found a product, i.e. Frost-Free Refrigerator ('Refrigerator'), manufactured by Petitioner No.1, Godrej, being sold. Post the inspection, a Memo was issued to the Petitioners wherein following violations were found: