2011 (5) TMI 701 - HC - Indian Laws

Writ Petition - whether an advertisement made by petitioner in India Today (Malayalam) in respect of their vehicle, Scorpio, in which the engine of the vehicle is described as having 109 BMP would constitute an offence under Section 11 of the Standards of Weights and Measures (Enforcement) Act, 1985, Sections 14 and 79 of the Standards of Weights and Measures Act, 1976 and under item No. 11 of Part II of the Second Schedule to Rule 5 of the Standards of Weights and Measures (National Standards) Rules, 1988 - mention of BHP in the advertisement made by the petitioners in respect of the vehicle manufactured by them does not constitute any violation - manufacturer of vehicles are entitled to express the unit of power of the vehicle/engine in the units of horse power in the advertisements - Writ Petition is allowed

Issues Involved:
1. Applicability of the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985 to the advertisement of engine power in British Horse Power (BHP).
2. Interpretation of the term "sale by weight, measure, or number" in the context of motor vehicles.
3. Conflict between the Standards of Weights and Measures Act and the Motor Vehicles Act, 1988.
4. Legality of using BHP instead of watts in advertisements for motor vehicles.

Detailed Analysis:

1. Applicability of the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985:
The primary question was whether describing the engine power in BHP in an advertisement violates Section 11 of the Standards of Weights and Measures (Enforcement) Act, 1985, Sections 14 and 79 of the Standards of Weights and Measures Act, 1976, and Rule 5 of the Standards of Weights and Measures (National Standards) Rules, 1988. The court noted that the Standards of Weights and Measures Act, 1976 aims to regulate inter-State trade or commerce in weights, measures, and other goods sold by weight, measure, or number. However, the petitioners argued that motor vehicles are not sold by weight, measure, or number, hence the Act does not apply. The court agreed, highlighting that the Act does not apply to the sale of motor vehicles as they are not sold by weight, measure, or number.

2. Interpretation of the term "sale by weight, measure, or number":
The court examined whether the sale of a vehicle by a manufacturer constitutes a sale by weight, measure, or number. It was determined that a car is a composite item consisting of various components and is not sold by weight, measure, or number. The court emphasized that the Standards of Weights and Measures Act, 1976, does not apply to the sale of motor vehicles, as vehicles are not sold in packages or cartons, nor are they labeled by weight or measure.

3. Conflict between the Standards of Weights and Measures Act and the Motor Vehicles Act, 1988:
The petitioners argued that the Motor Vehicles Act, 1988, a special legislation concerning motor vehicles, should prevail over the general Standards of Weights and Measures Act. The court noted that the Motor Vehicles Act, 1988, and its associated rules and forms consistently use "horse power" to describe engine power, and not watts. The court observed that the Motor Vehicles Act, enacted after the Standards of Weights and Measures Act, should take precedence in matters related to motor vehicles.

4. Legality of using BHP instead of watts in advertisements for motor vehicles:
The court found that the common practice in the motor vehicle industry is to describe engine power in BHP. It was noted that mentioning engine power in watts could confuse the public, as the general understanding and common usage are in terms of horse power. The court concluded that using BHP in advertisements does not constitute a violation of the Standards of Weights and Measures Act, 1976, or the Standards of Weights and Measures (Enforcement) Act, 1985. The court also highlighted that interpreting the law to penalize the use of BHP would be unreasonable and not reflective of common practices.

Conclusion:
The court held that the use of BHP in the advertisement by the petitioners does not violate any provisions of the Standards of Weights and Measures Act, 1976, or the Standards of Weights and Measures (Enforcement) Act, 1985. Consequently, the notices issued by the respondent were quashed, and it was declared that manufacturers are entitled to express the unit of power of the vehicle/engine in horse power in advertisements. The writ petition was allowed.

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