PHILIPS ELECTRONICS INDIA LTD. REP. BY MS.ROOP LOOMBA Vs. GOVT. OF A.P. REP. BY ITS PRINCIPAL SECRETARY, LEGAL METROLOGY DEPT

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the seizure of 2 packages containing Philips DVD Video Player bearing Model No.DVP3868X/94, manufactured by petitioner No.1, from the custody of petitioner No.2, as illegal and arbitrary.

(2.) I have heard Mr.S.Niranjan Reddy, learned Counsel for the petitioners, and the learned Assistant Government Pleader for Metrology representing the respondents.

(3.) Petitioner No.1 is the manufacturer of electronic goods and Petitioner No.2 is its franchisee. On 19-05-2012, respondent No.3- District Inspector of Legal Metrology, Guntur, inspected the trading premises of petitioner No.2 and seized the abovementioned two packages. This was followed by Notice No.22/PC/2012-13, dated 16-06-2012, issued by respondent No.3 wherein it is inter alia stated that the two packages contained rubber stamp of Rs.4499/- (inclusive of all taxes) and that retail sale price was not printed on the said package. Petitioner No.1 has given a detailed reply to the said notice wherein it was pleaded that Rule 9 (1) (b) of the Legal Metrology (Packaged Commodities) Rules, 2011 (for short 'the Rules') made under the Legal Metrology Act, 2009 (for short 'the Act') included rubber stamp under the description of 'Label' and that therefore, the packages, which admittedly contained the rubber stamp relating to the retail price, are in conformity with the Act and the Rules. As no response was forthcoming from respondent No.3, even though substantial time had lapsed, the petitioners filed this Writ Petition.