FMI LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in this petition is to strike down Sec. 33 of the Legal Metrology Act, 2009 to the extent it prescribes imposition of penalty for the use of unverified weight or measure on the seller, distributor or the person who delivers or otherwise transfers, as according to the petitioner, the aforesaid provision ultra vires Articles 14, 19 and 21 of the Constitution of India. The petitioners also seek quashing of the condition mentioned in Form LM -3 (Annexure P -8) requiring a manufacturer to have the goods verified and stamped meant for use within the State, besides a prayer to set aside the letter dated 31 -5 -2012 [Annexure P -14], said to have been issued in violation of Sec. 24 of the Legal Metrology Act, 2009. Petitioner No. 1 is a Company incorporated under the Companies Act, 1956, while the second petitioner is one of its Directors. The petitioner Company has set up an industrial unit for manufacturing 'Measuring Tapes'. The petitioners are said to have been directly affected by Sec. 33 of the Legal Metrology Act, 2009 (for short 'the Act'), hence they question its constitutionality on the anvil of Articles 14, 19 and 21 of the Constitution.

(2.) The Statement of Objections and Reasons of the Act placed on record by the petitioners (Annexure P -4A) reveals that India is signatory to the Metre Convention and is a member of General Conference of Weights and Measures ('CGPM') as also the International Organization of Legal Metrology ('OIML'). Since CGPM have revised the standards of weight and measures and corresponding changes in law have been suggested by the OIML, that the Central Government constituted a Committee comprising technical and statistical experts. The Committee recommended for establishment of Standards of Weights and Measures of SI units and numeration based on international form of Indian Numerals. To give effect to those recommendations and with an object to regulate inter -State trade and commerce in weights and measures and the commodities sold, distributed or supplied, that the Parliament enacted the Legal Metrology Act, 2009.

(3.) Sec. 2(1) of the Act defines 'manufacturer' in relation to weight and measure and it also includes a person who puts or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be.