CADBURY INDIA LTD Vs. CONTROLLER OF LEGAL METROLOGY

JUDGEMENT

(1.) By this petition, petitioners are seeking appropriate writ, order or direction under Art. 226 of the Constitution of India, for quashing seizure memo dated 22-1-2003 which is annexed at Ex,b to the petition whereby all the commodities of the petitioners were seized and also for quashing notice dated 3-2-2003 which is annexed at Ex. F to this writ petition which is issued by respondent No. 1 to the petitioners.

(2.) Brief facts which are relevant for the purpose of deciding this petition are as under.

(3.) Petitioner No. 1 is company registered under the Indian Companies Act, 1913 and is engaged in the manufacture of Chocolates and other products at various factories all over India. Petitioner No. 2 is shareholder of petitioner No. 1 and is a citizen of India. On 22-1-2003 respondent No. 2 the Inspector, Legal metrology Thane I Division, Thane along with other officers of respondent No. 1 visited the factory of petitioners at Pokhran Road No. 1, Thane. They drew samples from the various products manufactured by the petitioners and weighed the same. Except for one product, all the products were found to weigh slightly more than the declared weight. However, one product namely Cadbury Dairy milk Chocolate which ought to have weighed 13 gms. , weighed slightly less and net deficiency was found to be 0. 313 gm. and out of 80 samples units weighed, 14 units were found to be slightly less. Accordingly, seizure memo was issued by respondent No. 2 and the said consignment of the Cadbury Dairy Milk Chocolate 13 gms. valued at Rs. 14,25,000/- was seized on the ground that the average weight was found to be 0. 313 gms. less than the printed weight of 13 gms.