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TMI Blog2008 (2) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... pply to the said packages. - it is clear that the prosecution in the instant case is misconceived as there was no requirement for the wholesale package in question to mention the maximum retail price. – petition is alowed - 4975 of 2006 - - - Dated:- 25-2-2008 - S. Muralidhar, J. Shri Sidharth Luthra, Sr. Advocate with Ms. Jasleen Oberoi and Ms. Rajni Gupta, Advocates, for the Petitioner. Shri Pawan Behl, APP, for the Respondent. [Order ( Open Court )] . - This petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeks the quashing of Complaint No. 528 of 2004 pending in the Court of the Special Metropolitan Magistrate (SMM ), Shahdara, Delhi under Section 33 of the Standards of Weights and Measures (En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that the package which was found to be in contravention of the 1976 Act read with the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (1977 Rules ) was in fact a wholesale package which contained 10 retail packages of 20 cigarettes each. Each of the retail packages did satisfy the requirement of the 1976 Act and the 1977 Rules. In fact the wholesale package also satisfied the requirements of Rule 29 of the 1977 Rules. He relies on the judgment of the Supreme Court in Jayanti Food Processing (P) Ltd. v. Commissioner of Central Excise, Rajasthan 2007 (215) E.L.T. 327 (S.C.) = (2007) 8 SCC 34 to contend that a wholesale package need not contain the information that is required to be contained on a retail package. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes that what applies to retail package is indicated in a separate Chapter i.e. Chapter II and that applicable to the wholesale packages is set out in Chapter III. The requirement in Rule 6 as to what should be specified on a retail package is not the same as specified in Rule 29 in relation to wholesale packages. Rule 6 requires retail packages to mention inter alia, the net quantity, the month and the year in which the commodity is manufactured and the retail sale price of the package. Rule 29, on the other hand, requires wholesale packages to mention the name and address of the manufacturer, the identity of the commodity contained in the package, the total number of retail packages contained therein and the net quantity in terms of stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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