9911796707
TMI Blog2003 (1) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturer of wrist watches. It has got its distributors all over the country and one of its distribution point is at Mahabubnagar. On 28-12-1982 the Senior Inspector of Legal Metrology, Weights and Measurements Department, Mahabubnagar, A.P., the first respondent herein, inspected the shop of the petitioner and on finding that various specifications as to the date of manufacture, the price etc., have not been printed on the container, he has seized certain watches and issued show-cause notice alleging contravention of Section 39 of the Standards of Weights and Measurements Act, 1976, hereinafter referred to as the Act and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 hereinafter referred to as the Rules. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to furnish the particulars of the date of manufacture, price of the commodities etc., as required under Rule 10 of the Rules and inasmuch as admittedly the said particulars were not contained on the packages which were seized from the petitioner, it cannot be said that there was any irregularity or illegality in the proceedings initiated against the petitioner. Reference was made to the provisions of the Act and Rules. However, the fact that notification under Section 1(3)(d) was not issued is not disputed. In the other writ petitions, the facts are similar barring a few variations as to dates of inspection and quantity seized. 5. Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Weights and Measures Act, 1976. (2) It extends to the whole of India. (3) 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, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isted a notification under Section 1(3)(d) of the Act which covers the watches also. The respondents are not able to place before this Court any such notification. Further, no such notification or provision was cited or mentioned in the show-cause notice or the final order. In the absence of any such notification the very initiation of the proceeding cannot be justified. Therefore the petitioner is entitled to be extended the relief as prayed for in the writ petitions. 9. Since there did not exist any notification particularly as on the date on which the inspection was made covering the watches issued under Section 1(3)(d) of the Act, the proceedings initiated against the petitioner by the first respondent are without jurisdiction and wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
