HINDUSTAN LEVER LIMITED Vs. CONTROLLER OF LEGAL METROLOGY

JUDGEMENT

(1.) The Petitioner is challenging Ext. P2, P6 & P7 proceedings issued by the Respondents 1 & 2; whereby prosecution steps are caused to be instituted against the petitioner alleging the offence under Section 39(5) of the Standards of Weights & Measures Act 1976 ('Act' in short) and Rule 5 Schedule III Clause No. 17(c) of the Standards of Weights & Measures (Packaged Commodities) Rules 1977 ('Rules' in short).

(2.) The Petitioner is engaged in the manufacture and marketing of various Consumer Products including 'Pears Transparent Soap' . In furtherance to the steps for promoting the said Toilet Soap, the petitioner Company introduced a Scheme called 'Super Saver Offer' in a 'Multi- Piece Package' containing 3 pre-packed soaps of 75 gms each, with a total net weight of 225 gms. to be so id for a maximum retail price of Rs. 50/- instead of Rs. 58.50/- (inclusive of taxes): thus stating that there was a benefit of Rs. 8.50/- to the Consumer. It is said,, that the above scheme was being pursued in strict compliance with the relevant provisions of the "Act and the Rules' and that no contravention of any provisions of law was intended or pursued in any manner.

(3.) While so the petitioner was served with Ext. P2 Show - cause notice stating that the petitioner had committed an offence under Section 39(5) of the Act and Rule 5 of the Rules, read with Section 33 of the Standards of Weights and Measures (Enforcement) Act 1985. This was replied by the petitioner vide Ext. P3, explaining the facts and circumstances, also producing the requisite materials, asserting that the action pursued by the petitioner was strictly in compliance with the relevant provisions of the statute and that no offence was committed at any point of time as alleged; which was more so, when the concerned packet was a 'multi - piece package' containing all the endorsements and declaration as stipulated by the Rules including the 'additional declaration' under Rule 17.