BRITANNIA INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question arises for consideration in the above petition, namely, whether the commodity, which is given free or extra along with the commodity packed in the standard package, infringes Rule-5 and, Schedule-Ill of the Standards of Weights & Measures (Packaged Commodities) Rules, 1977.

(2.) The petitioner is a company registered under the provisions of the Indian Companies Act, 1913, as then applicable. The petitioner carries on business inter alia of the manufacture, production, distribution and sale of biscuits and daily products. The petitioner manufactures biscuits which are popularly known as "50-50 Biscuits". The said biscuits, at the relevant time, were sold in the standard pack size of 75 grams for a Maximum Retail Price of Rs. 6.50 in addition to the said standard pack size of 75 grams, the petitioner was giving free cost to the buyers 20% extra of the said 50-50 biscuits i.e. 15 grams The total weight of the biscuits packed therefore was 90 grams.

(3.) On or about 21st July 2000, the Inspector of Legal Metrology, Chembur Division, inspected the premises of one M/s. Rajgor Brothers, a dealter of the petitioner located at 15, Poornima Building, MG Road, Ghatkopar (East), Mumbai-400 077. During the inspection 605 packages of "50-50 Britannia Biscuits" were seized as according to the said Inspector, the packages were not packed as per Schedule III of the Standards of Weights and Measures Act, 1976 read with Rule 23(1), 4 and 5 of Standards of Weights and Measures (Packaged Commodities) Rule 1977 [hereinafter referred to as "the said Act and the said Rule"].