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Issues:
1. Interpretation of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 regarding marking on Rubber bales. 2. Whether the petitioner is selling raw material in a pre-packed condition. 3. Entitlement of the petitioner to exemption under Rule 34 of the 1977 Rules. Analysis: The judgment delivered by the Allahabad High Court pertains to a petition challenging an order passed by the Controller, Weights and Measures, U.P. Lucknow. The petitioner, a Public Ltd. Company, manufactures Synthetics Raw Rubber and other chemicals and claimed that the raw material it produces is not sold as a pre-packed commodity. The issue arose when the Senior Inspector issued a notice stating that the petitioner must register under the 1977 Rules and comply with certain requirements within fifteen days. The petitioner appealed this decision under the U.P. Weights and Measures Act, contending that the raw material is sold by weight and not in pre-packed condition, as it is packed for safety during transit and to prevent contamination during storage. In the appeal, the Controller formulated three issues, with the third issue being crucial. The Controller's finding on this issue was challenged as it required the petitioner to mark the packages with specific details not provided for in Rule 34 of the 1977 Rules. The High Court observed that the Controller did not adequately address the main controversy, which was whether the petitioner was selling raw material in a pre-packed condition as defined by the Rules. The Court delved into the definition of a "pre-packed commodity" as per the 1977 Rules, emphasizing that if the petitioner was not selling a pre-packed commodity, Rules 35 and 36 would not apply. The judgment highlighted Rule 34, which mandates unambiguous marking on packages for exemption, and criticized the Controller for imposing additional requirements not specified in the rule. Consequently, the Court quashed the Controller's decision on the third issue, directing a rehearing to determine if the petitioner sells pre-packed commodities and if they qualify for exemption under Rule 34. In conclusion, the petition was allowed, the impugned order was quashed, and the Controller was instructed to rehear the appeal within two months, giving the petitioner a hearing and adhering to the Court's observations.
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