(1.) Being aggrieved by the seizure of goods under receipt dated 8.5.2002, notice dated 11.5.2002, and a complaint dated 18.10.2002 and the order of the Judicial Magistrate First Class, Aurangabad dated 19.10.2002 issuing thereby process against the applicants, the applicants prefers this application under section 482 of the Code of Criminal Procedure for quashing the same.
(2.) Brief facts, giving rise to the present application are as under:-
(3.) The learned counsel for the applicants submits that, the allegations made in the complaint and the order issuing process by the Magistrate are not proper, correct and legal as it ignored the fact that toilet soap contain moisture, and it is a known, well recognised phenomenon that environmental conditions cause loss of moisture, which in turn results loss of the weight of the soap. Learned counsel submits that, the relevant provisions of the Act therefore, provides for and makes allowance for such phenomenon and permits the manufacturer or packer of such commodities to qualify the declaration as to its net contents/weight by the use of the words when packed . The learned counsel submits that, the package commodity Rules prohibits declaration of quantity of a packaged commodity to be qualified by the words when packed where the commodity in package is not likely to undergo any variation in weight or measure on account of environmental conditions and that quantity declared on the package shall correspond to the net quantity to be received by the consumer. However, the Packaged Commodity Rules provides for qualification of declaration of quantity, by words when packed of the commodities specified in IVth Schedule since they are likely to undergo significant variations of weight or measure on account of environmental or other conditions. The learned counsel submits that, said words When Packed denotes the net weight of the commodity at the time of manufacturing/packing, and thereby making it clear that weight is likely to change and vary subsequently on account of environmental/climatic conditions. The complaint as such does not take above facts into consideration and thus the complaint is without any basis and the allegations do not make out any case under the said Act and Packaged commodity Rules. Learned counsel submits that, the complaint and the order issuing process thus are liable to be quashed and set aside on this count alone.