9911796707
TMI Blog1991 (7) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the Controller on the third issue formulated by him in the impugned order. The issue was; Whether the marking on Rubber bales was as per provisions of packaged Commodities Rule, 1977 (the correct description of which is the Standards of Weights and Measures (Packaged Commodities) Rules, 1977). The finding recorded by the Controller on this issue runs as follows :-- As regards issue No. 3, in case you want to seek exemption under Rule 34 of the packaged commodities Rules, 1977, you should unambiguously indicate on the packages of Rubber bales the words not for sale, packed specially for exclusive use as Raw Material within the factory. 3. The petitioner is a Public Ltd. Company. It has a factory at Fatehgarh (West), Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner merely for safety during transit and to avoid contamination during storage. In fact the same are being sold by weight and not in pre-packs as defined in the Rules. 6. In appeal the Controller formulated three issues. We are, however, not concerned with the findings on the first two issues. We are informed by the learned counsel that these issues formed the subject-matter of another writ petition filed by the petitioner, which has since been allowed. 7. Coming to the third issue quoted at the beginning of the judgment, it seems to us that the Controller has made no serious endeavour to examine the main controversy which arose for consideration before him. The principal question which fell for determination before the Control ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ler has observed that the petitioner would be entitled to exemption only if the package in which the raw material is contained, indicates unambiguously that the same is not for sale or that it is packed for specific use as raw material within the factory. It will be seen that the Controller requires the petitioner to mention on the package something which even Rule 34(a) does not provide. The finding of the Controller on the third issue is therefore liable to be quashed on this ground alone. 11. Our conclusions therefore are that the Controller must rehear the appeal and determine the following issues :-- (i) Whether the petitioner is manufacturing and selling a pre-packed commodity within the meaning of the 1977 Rules? (ii) Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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