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TMI Blog2011 (8) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Asha Gopalan Nair, Shivaji M. Jadhav, Amit Singh, G. Sabharwal, Aneesh Sah, Brij Kishore Sah, Pranab Kumar Mullick, Niraj Singh, Mrs. Soma Mullick, Ms. Meenakshi Middha, Ms. Saneha Kalita, Ms. Kavita Wadia, Bhargava V. Desai, Rahul Nagpal, Mrs. Manu Nair, Surjendu Sankar Das, M/S. Suresh A. Shroff Co., Ravinder Narain, Ajay Aggarwal, Ms. Mallika Joshi, Ms. Amrita Chatterjee, Rajan Narain, Navin Chawla, D.K. Singh, Gaurav Kaushik, Tushar Singh, Raghu Tandon, Pradeep Shukhla, S.M. Jadhav, Amit Singh, G. Sabharwal, Aneesh Sah, Brij Kishrore Sah, Mrs. Sushma Suri and Ms. Anitha Shenoy, Advocates with them, for the Appearing Parties. [Judgment per : P. Sathasivam, J.]. This appeal by State of Maharashtra is directed against the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent for the violation of Section/Rule 33 and 39 read with Rule 23(1) and 6 of the Rules. It was mentioned in the said notice that the offence is compoundable as per Section 73 of the Standards of Weights and Measures Act, 1976 and Section 65 of the Standards of Weights and Measures (Enforcement) Act, 1985. (d) On 18-11-2006, the respondents, vide their letter, replied to the notice dated 6-11-2006. (e) On 28-11-2006, the respondents filed Writ Petition being W.P. No. 2982 of 2006, inter alia, for quashing the seizure memo dated 31-10-2006 and notice dated 6-11-2006. 4. The High Court, by impugned order dated 8-12-2006 allowed the writ petition by holding that the packages containing Candy man, Minto-Fresh, Kitchens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e net quantity in terms of standard units of weights, measures or number of the commodity contained in wholesale package : Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declaration specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in force. 9. In order to attract violation of the Rules referred above, the package seized must fall within the expression wholesale package . A package used merely for protection during conveyance or safety would not be pre-packed commodity for the purpose of the Act and the Rules. As rightly observed by the High Court that for the package to be treated as a wholesale pack ..... X X X X Extracts X X X X X X X X Extracts X X X X
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