VVF LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges order dated 17. 10. 2000 made by the first respondent confirming the order dated 1. 8. 2000 made by respondent No. 2 under the provisions of the Drugs and Cosmetics Act, 1940 ('the Act') and the Drugs and Cosmetics Rules, 1945 ('the Rules' ).

(2.) THE petitioner company is manufacturing certain soaps known as NEKO Soap, Dettol Soap and Johnson's Baby Soap under the licence issued to the petitioner company under the Rules on 6. 6. 1990. The petitioner received five show cause notices on 20. 5. 1999, 5. 12. 1999 and 12. 1. 2000 having identical contents and alleging that the cakes of soaps referred to in each of the show cause notices were found to be below the net average weight of the respective soaps when compared to the net weight stated on the packaging. That the petitioner was, therefore, selling misbranded product in violation of rule 148 (2) of the Rules. The reply tendered by the petitioner company was considered and respondent No. 2 authority passed an order on 1. 8. 2000 holding that the petitioner had committed breach of the Rules and hence the petitioner was directed to discontinue production for one day i. e. , 28. 8. 2000.

(3.) THE petitioner carried the matter in appeal and the appeal came to be dismissed vide impugned order dated 17. 10. 2000. Before the appellate authority the petitioner had placed reliance on the fact that the samples of the soaps had been taken and tested six to ten months after the date of packing of the product and because of loss of moisture content due to evaporation in the intervening period, there would be loss of weight as a consequence to loss of moisture content. In support of the contention made, reliance was placed on the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 with special reference to rule 2 (i), rule 5, rule 11 (4) and Schedules I, II, III and IV of the said Packaged Commodities Rules.