NCL INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) by the petitioner while seizing the 'Roto Packer' filling machine under Sec. 15 of the Legal Metrology Act, 2009, as illegal and arbitrary'.

(2.) During the course of inspection on 14/3/2014, the 6th respondent has drawn three independent panchanamas i.e., (i) Panchanama drawn at 11.00 a.m., (ii) Panchanama drawn at 11.30 a.m./12.10 p.m. and (iii) Panchanama drawn at 12.30 p.m., though the said inspection was confined to the 'Roto Packer', which is a single transaction.

(3.) The allegation in panchanama dtd. 14/3/2014 drawn at 11.30 AM/12.10 PM, which is impugned in WP No.5707 of 2015 is that there is variation in the weight of cement bag which is beyond the maximum permissible error and that roto packer machine which is used, is a non- standard one and using the same is an offence under Ss. 8 and 25 of the Act and hence, the roto packer was seized under Sec. 15 of the Act of 2009 and as it is not detachable, petitioner-company was directed not to use the same.