NIRMA LTD. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner has sought quashing and setting aside of seizure memo dated 16.04.2002 and communications dated 17.04.2002 and 14.05.2002 whereby 3540 packs of New Green Nima Detergent Cake were seized by Respondent No.3.

(2.) The said packs were seized for alleged violation of Rule 12(6) of Standards of Weight and Measures (Packaged Commodities) Rules, 1977. It was alleged that the use of the word "extra" on the pack of the said detergent cake violated the aforesaid Rule as it created an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package.

(3.) On 20.06.2002, this Court passed an interim order directing that the respondents will not take any coercive action or file any criminal complaint against the petitioner on the cause of action in the petition, including detention of goods. Thereafter, on 30.07.2002, while granting Rule, the aforesaid interim relief was continued and it was further directed that so far as the seized goods were concerned, the respondent shall keep the required quantity of goods by way of sample with it and the rest of the material be released to the petitioner on his depositing Rs.25,000/ in this Court by way of security.