REEBOK INDIA COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, M/s. Reebok India Company has filed the present Writ Petition for declaration that the provisions of Standards of Weights and Measures Act, 1997 (hereinafter referred to as SWM Act, for short) and Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as SWM Rules, for short) are not applicable to them. The petitioner has also prayed for direction to release goods seized for the alleged violation of SWM Act and SWM Rules vide seizure memo dated 17th July, 2006. By the aforesaid seizure memo, the respondent no. 3-Inspector of Legal Metrology, Government of NCT of Delhi had seized a pair of footwear with the label which did not mention that the maximum retail price was inclusive of all taxes. By another notice the petitioner was asked to inform whether they would like the offence of incorrect labeling to be compounded under Section 65 of the SWM Act. The said footwear was imported by the petitioner from Vietnam and was being sold in one of the shops of the petitioner in delhi. The contention of the respondents is that the label was not as per the SWM Act and SWM Rules.

(2.) THE petitioner submits that the provisions of the SWM act and the SWM Rules can apply only when there is a specific notification in respect of footwear or garments under Section 1 (3) of the SWM Act It is submitted that there is no such notification. Section 1 (3) of the SWM Act reads as under:-

(3.) I do not agree that Section 1 (3) of the SWM Act requires a specific notification under clauses (a) to (f)in respect of a class of goods, footwear, garments etc. in the Official Gazette, for the SWM Act to apply. Section 1 (3) of the SWM Act requires a notification to be issued by the Central Government in the Official Gazette for the enforcement of the Act. Various sub-clauses of Section 1 (3)of the SWM Act empowers the Central Government to issue separate notifications and appoint different dates for enforcement of (a) different sections/sub sections of the swm Act (b) areas to which the SWM Act will be applicable, (c) classes of goods to which the SWM Act will be applicable and (d) classes of weights and measures or users of weights and measures to which the SWM Act will be applicable. Thus the Central Government in view of various sub-clauses of Section 1 (3) of the SWM Act can fix different dates for enforcement of different Sections of the Act, classes of goods and users and the areas to which the SWM Act will apply. However, Section 1 (3) does not endure a notification for individual or specific goods. A general notification is not barred or prohibited. Section 1 (3) clauses (a) to (e) are permissive clauses which permit partial enforcement but does not prohibit issue of general notification (s ). It is not necessary that there should be a specific notification in respect of footwear or garments under Section 1 (3) of the SWM Act before it can be enforced or a separate notification specifying the specific area in which the SWM Act will be enforced.