ITC LTD Vs. INSPECTOR LEGAL METROLOGY SATTENAPALLY

JUDGEMENT

(1.) This is an application filed by the petitioner-A1 under Section 482 Cr.PC., to quash the proceedings in STC No.5 of 2007 on the file of the Munsif Magistrate, Macherla, Guntur District, for the offence under Section 72 for contravention of Section 39 read with Section 63 of the Standards of Weights and Measures Act 1976, read with Rule 4, Rule 29(a) (b)(c) and Rule 23(1) read with Rule 39(1) of the Standards of Weights and Measures (Packaged Commodities) Rules 1977.

(2.) The allegation of the prosecution is that the petitioner is manufacturing the cigarette packets of FLPETIOHL 12000 and were transporting to various destinations. On 22.2.2006, at about 4-15p.m., the Inspector, Legal Metrology, Sattenapalli inspected the trading premises of M/s Venkata Siva Sai Agencies, Macharal and found one person by name Medam Nageswara Rao was present in the possession of the package in question of FLPETIOHL 12000, displayed for selling in the trading premises. The said package does not bear declarations pertaining to the name and address of the manufacturer, total number of retail package and identity of the commodity of the package as required under Rule 29(a)(b)(c) of the Standards of Weights and Measures (Packaged Commodities) Rules 1977. As such the petitioner and others are liable to be prosecuted. Being aggrieved by the said prosecution, the petitioner preferred the present application to quash the proceedings by contending that the Inspector of Legal Metrology, Sathenapally inspected the trading premises and seized the Corrugated Fiber Container ("CFC" in short) containing 'wholesale packages' of cigarettes therein.

(3.) The respondent issued a notice to the petitioner and other accused on 24.2.2006. He gave a reply on 31.3.2006 stating that he did not violate any provisions of law and it was clarified that the cigarettes are packed in retail packages that carry all requisite declarations. 10 or 20 of such retail packages are further packed in a carton with the intention to sell them in wholesale. The said cartons carry all the declarations required under Rule 29 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 ("the PC Rules" in short). For the convenience of transport and storage, the said cartons are put in CFC and it cannot be treated as wholesale packages. Therefore, the petitioner requested to quash the proceedings.