RAJ MARKETING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 31st October, 2006, the Respondent No.2 visited the petitioners godown and seized various packages of packed commodities containing (1) Mangaldeep agarbattis, (2) Wholesale packages of Badam Halwa, (3) Wholesale packages of Candyman vide seizure receipt No.0114769 dated 31st October, 2006 and (4)Wholesale packages of Mint-o Fresh, (5) Multipiece packages of Wheat Atta. According to the afidavit filed by Govind Ananda Padhghan, Deputy Controller of Legal Metrology, Mumbai the reasons for seizure are as under:-

(2.) It is the petitioners contention that the seizure of the said packages and the compounding notice are ex-facie illegal and bad in law for the following reasons:-

(3.) We may now deal with the contentions as urged on behalf of the petitioners. Admittedly in so far as Mangaldeep Agarbattis are concerned there was a label affixed on the prepacked commodity in a package showing the price as Rs.35/-. The printed price on the package shows MRP as Rs.30/-. Rule 23 sub-rule (6) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, hereinafter referred to as the Rules, reads as under:-