S V SIVALINGAM Vs. TAMIL NADU

JUDGEMENT

(1.) The petitioner is accused in C. C. No. 3918 of 1988 on the file of the XI Metropolitan Magistrate, Saidapet, Madras.

(2.) He is a retail dealer in cosmetics and other allied provisions having his shop at No. 70, Santhome High Road, Madras-28. On 23-12-1987 at about 1.30 p.m., the Deputy Inspector of Labour, Squad-I, Madras - the respondent herein inspected the shop. During the course of inspection, it was found out that he was dealing in Rexona Soap, a packed commodity indicating the sale price in the outer carton by the manufacturer Hindustan Lever Ltd., Bombay. Rexona Soap had been sold to a retail dealer 'Amma Nana' at Rs. 53/- per dozen under bill No. 70519 dated 15-12-1987, thereby indicating the retail sale price they have sold at Rs. 4.42. But the maximum price per piece had been indicated by the manufacturer in the carton at 'Rs. 4.35 - local taxes extra'. The bill did not disclose any levy of any tax whatever. Since each piece had been sold at Rs. 4.42 i.e., 7 paise more than the maximum price fixed by the manufacturer, the respondent, after complying with other formalities, launched a prosecution against the accused for refraction or violation of R. 23(2) punishable under R. 39(2) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short 'the Rules'), which had been taken on file in the aforesaid Calendar Case.

(3.) On receipt of process, the petitioner-accused has come forward with the present action invoking the inherent jurisdiction of this Court to quash the criminal proceedings initiated against him.