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TMI Blog2006 (5) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... d simultaneously coerced and compelled the petitioner to write a letter for compounding of the offence under Section 65 of the Enforcement Act. At the same time they also compelled the petitioner to hand over to them a blank cheque of not over ₹ 5000/-. The petitioner's further case is that vide his Advocates letter dated 27th October, 2003 and after recording the facts set out earlier, recorded that the letter of request written on 20th October, 2003 was not written voluntarily nor of free will but under duress and that the blank cheque was obtained improperly and illegally. By letter dated 27th October, 2003 the petitioner requested the respondent No. 2 to vacate the order of seizure and return the sun glasses and other articles and the blank cheque. As the respondents did not return the sun glasses nor vacated the seizure a reminder was sent on 14th November, 2003. The respondent No. 2 by letter dated 17th November, 2003 without reference to the letters addressed to the respondent No. 2 by his Advocate's letter communicated to the petitioner that the Deputy Controller of Legal Metrology, the respondent No. 3, had accepted the letter of compounding and while endorsi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons against any order or decision of respondent No. 2. Respondent No. 2 Inspector, has taken action under the provisions of the Enforcement Act read with the Rules. It is set out that on a routine inspection of Globus Stores Pvt. Ltd. several goods which are a commodity in packaged form, as defined under Section 2(b) of the Standards of Weights and Measures Act, 1976 read with the definition of prepacked goods were seized. The petitioner voluntarily gave consent for compounding the offence. The object of the Act, it is set out, are for consumer protection in respect of origin of goods, as well as indication of price on the packed commodity to prevent cheating. The Act and the Rules provide, that in respect of packed commodities, in pursuance of recommendations of the International Organisation of Legal Metrology, on the packet net quantity by weight, measure or number, the identity of the commodity contained therein, the name of the manufacturer and the price of the package should be indicated. It is then set out that Globus Stores Pvt. Ltd., has already compounded the offence and paid compounding fee of ₹ 25,000/-. It is denied that there was any coercion exercised on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form and the law in question has no application to packages which are packaged only for the convenience of the customers for the purpose of safe transportation and for protection during the storage and handling. 5. We have heard learned Counsel for the parties. It may be pointed out that by Notification dated 26th September, 1977 the Central Government under Section 3(1) of the Act appointed 26th September, 1977 as the appointed date for enforcing the provisions of sections mentioned therein particularly Sections 1, 2 and 3 and Sections 39 and 83. Under Section 83 of the Act, the Central Government is empowered to make Rules in respect of packaged commodities. Accordingly, Rules have been made dated 26th September, 1977 covering all packaged commodities. Section 1(3) of the Act sets out that it shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different (a) provisions of this Act, (b) areas, (c) classes of undertakings, (d) classes of goods, (e) classes of weights and measures, or (f) classes of users of weights and measures. In other words what it implies is that the provisions of the Act may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmodity. Explanation (1) Where, by reason merely of the opening of a package, no alteration is caused to the name, quantity, nature or characteristic of the commodity contained therein, such commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity, for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity; Explanation II:... It would thus be clear from this definition that to fall within the expression of pre-packed commodity the article or articles must be placed in a package of whatever nature, so that the quantity of the product contained therein has a predetermined value and cannot be altered without the package or its lid or cap, as the case may be being opened or undergoing a perceptible modification. These are the criteria which will have to be applied before the article can be said to be packed commodity. 7. Considering the definitions in the Act and the Rules, the question really would be, whether sun glasses can be said to be an item which is a pre-packed commodity. The petitioner has averred that the articles come to him ei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering a prayer for declaration that the provisions of the Act are not applicable to television sets, audio visual equipments and electronic items. The learned single Judge has dealt exhaustively with scientific terms in the field of electronics. The learned Judge has also considered a contention advanced on behalf of the petitioners that the Act and the Rules will have no application to packages which are packed only for the convenience of the customers for the purpose of safe transportation and for protection during storage and handling. The learned Judge considering the expression pre-packed commodity observed as under: Expression Pre-packed commodity , in my considered view, would mean and include a commodity which is placed in a package of whatever nature so that the quantity or product contained therein has a predetermined value and contents of such carton cannot be altered without the package or its lid or cap, as the case may be being opened or undergoing a perceptible modification. This judgment was considered by a learned single Judge of the Andhra Pradesh High Court in an unreported judgment in Eureka Forbes Limited v. Union of India and Ors., decided in Writ Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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