BALLARPUR INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present judgment will dispose of two petitions being C.W.P.No-5424/93 (Ballarpur Industries Ltd. and others v. Union of India and others) and C.W.P.No-546/1995 (M/s Balsara Hygiene Products Ltd. and another v. Union of India and others). The First petition is filed for issuance of writ in the nature of certiorari for quashing the impugned notification dated 26th August, 1993 and for an appropriate order or direction including writ of prohibition prohibiting the respondents from in any manner implementing and acting upon or enforcing the provisions of the aforesaid notification. It may only be necessary to state the facts of the first petition as both the petitions raise common questions of law in respect of the challenge to the same notification.

(2.) Petitioner No.1 is engaged in the business of paper, chemicals, edible oils etc. and is alleged to be one of the biggest manufacturer of edible oils with large turnover. Petitioner No.2 is engaged in the business of dry-fruits and petitioner No.3 is engaged in the business of manufacturing of labels and the annual turnover is estimated to be Rs.5.1 crores. Similarly, petitioner No.4 is engaged in the business of manufacturing of labels. The respondents are under the Ministry of Food and Supplies and, therefore, fall within the definition of 'State' within the meaning of Article 12 of the Constitution of India. The said respondents through their officers have powers to prosecute the petitioners for violating the provisions of Standards of Weights and Measures Act and the Rules framed thereunder. The object which is sought to be achieved by the Act, it is contended, is to lay down the standards of weights and measures or number pertaining to different commodities in conformation with the standards laid down by the International Bureau of Weights and Measures. The basic intention of the Act is that the commodities commonly used by people should be packed in rationalised standards quantities by weight, measure or number so as to facilitate the purchase and comparison of price by the people. Thus the prices are to be mentioned for comparison with the net quantity sought to be sold. The main controversy in these petitions is the manner in which the information is sought to be printed on the label to be affixed for each item of goods which is put up in the market for sale. Section 2(n) of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as 'the Act') defines the label and reads as follows: "2. Definitions In this Act, unless the context otherwise requires,- (n) "label" means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity;"

(3.) The commodities in package form must bear the label when intended to be sold or distributed in the course of inter-state trade or commerce. Section 39 of the Act, which is of relevance and has been cited by the learned counsel may also be reproduced as under: