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TMI Blog2009 (12) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... urt-I). Bangalore, (hereinafter referred to as 'Trial Court' for short) have sought for quashing of the entire proceedings in the said case. 2. Stated in brief, the case of the prosecution, as alleged in the corn plaint dated 18-8-2005 filed by the complainant viz : The Assistant Controller of Legal Metrology, IV Circle, No 763, Bramaranibha Building, V Block, Rajajina gar, Bangalore-10, is as under: (a) On 19-2-2005 at 2.10p.m., the complainant, alongwith the members of his staff, inspected the shop of M/s. Food World, Super Market Limited at M. G. Road, Bangalore. During the said inspection, M. Sathish and Ashok (respectively accused Nos. 3 and 4) were present in the said shop The complainant noticed five packages of "Huggies Diapers" of size 'large', each containing ten pieces of diapers. The size of the commodity, viz: Diaper, contained in the packages was mentioned on each package as 'large' but not in terms of Metric Units such as millimeter' centimeter' etc. Therefore the provisions of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as 'the Act' for short) were violated. (b) The possession of the said packages containing Diapers, by accused Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed of the Huggies Diaper in their shops, but the averments in the complaint do not constitute any violation of the said Rules. 6. Per contra, Sri A.V. Ramakrishna, the learned High Court Government Pleader, strongly contended that the words 'commodities like' and 'similar other commodities', which are used under Rule 18 of the Rules clearly indicate that the list of commodities mentioned in the said Rule is 'not exhaustive', but it is 'inclusive' and the Diaper in question attracts the description of 'napkin', which is one of the commodities listed in the said Rule and therefore by not mentioning on each of the said packages, the size (length and breadth) of Diaper in 'centimeter', or 'millimeter', the petitioners-accused violated the provisions of Rule 18 of the Rules, which violation is punishable under Rule 39 of the Rules. While contending so, he submitted that the present petition filed under Section 482 Cr. PC by the petitioners seeking quashing of the entire proceedings in the said case deserves to be dismissed as being devoid of merits. 7. Rule 18 of the said Rules reads as under: "18. Declaration with regard to dimensions of certain commodities :- Where a package con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisputedly, all the said commodities are similar to one another inasmuch as, they are all, of woven cloth of different sizes used for different purposes. 11. One package containing Diapers is made available to the Court by the learned counsel for the petitioners. It is not in dispute that the diaper contained in this package is same as the one contained in the packages seized by the complainant from the shop of accused Nos. 3 and 4 as alleged in the complaint. As to the materials used in manufacturing this Diaper, there is declaration on the package which is not in dispute. It reads as under: "Surface materials : Polyolefin non-woven; absorbent materials : Polyester non-woven, polyolefiri non-woven. Fluff pulp. Absorbent polymer; Waterproof materials : Polyolefin film; Fastening materials : Adhesive tape, Polyolefin; Stretch materials, Synthetic rubber; Adhesives : Hounelt adhiesives'. 12. One piece or Diaper is taken out from the said package during the arguments. On careful examination of the said Diaper, it could be seen that it is not a woven piece of cloth like any bed sheet, dhoti, saree, napkin, pillow-cover, towel, table cloth which are all liste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cially designed for absorbing the fluids excreted by the infant baby, be said to be similar to the woven napkin or dhoti, saree. pillow coyer, towel, table cloth which are listed under Rule 18 of the said Rules. Commodities such as Lungi, Curtain cloth may be held to be similar TO Dhoti/Saree/Bedsheet/Table cloth, etc. Further, if this Diaper and all the said commodities listed under Rule 18, except the napkin', are put together and one is asked to pick a napkin from them, that person, may either pick a small towel or may say that no napkin is found there but, certainly he would not pick the Diaper for the reason that it does not look like either napkin or any of the said other articles. 16. Therefore, even if the words 'commodities like' and 'similar other commodities' are given too a liberal interpretation, it cannot be held that this commodity ' Diaper' could be brought under the list of commodities mentioned under Rule 18 of the Rules on the ground of similarity between this Diaper and any of the said commodities listed thereunder. 17. Since the Diaper could not be held to be similar to any of the commodities listed under Rule 18 of the Rules, there could be no violation of ..... 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