Nirma Ltd. vs The State of Maharashtra, through its Secretary, Department of Legal Metrology, Mantralaya, & Ors.

By this petition, the petitioner has sought quashing and setting aside of seizure memo dated 16.04.2002 and communications dated 17.04.2002 and 14.05.2002 whereby 3540 packs of New Green Nima Detergent Cake were seized by Respondent No.3.

The said packs were seized for alleged violation of Rule 12(6) of Standards of Weight and Measures (Packaged Commodities) Rules, 1977. It was alleged that the use of the word "extra" on the pack of the said detergent cake violated the aforesaid Rule as it created an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package.

On 20.06.2002, this Court passed an interim order directing that the respondents will not take any coercive action or file any criminal complaint against the petitioner on the cause of action in the petition, including detention of goods. Thereafter, on 30.07.2002, while granting Rule, the aforesaid interim relief was continued and it was further directed that so far as the seized goods were concerned, the respondent shall keep the required quantity of goods by way of sample with it and the rest of the material be released to the petitioner on his depositing Rs.25,000/in this Court by way of security.

Shri Akshay Naik, the learned counsel appearing for the petitioner submits that the issue raised in the instant petition is now covered by the judgment of the learned Single Judge of this Court in the case of Shantanu Jagatbandhu Sinha and another vrs. State of Maharashtra, reported in AIR 2007 Bom. 206. The learned counsel submits that while considering the similar issue concerning application under Section 482 of Cr.P.C. filed by the petitioner therein, the learned Single Judge of this Court found that the use of word "extra" could not be said to be a misleading declaration because the package clearly stated the exact quantity of the commodity being offered and the price for which it was being offered, as also the additional quantity being clearly and separately stated on the package. It was held that in such a situation, there was no intention to mislead or exaggerate the quantity of the package.

The learned counsel has taken us to the package in the instant case. A perusal of the same shows that the net weight of the detergent cake is specifically stated as 250 gms., with MRP of Rs.5/and the additional quantity of 50 gms., is also separately shown with the words "20% extra". We find that the package does not give any misleading or exaggerating impression as regards quantity being offered in the package and that the facts in the present case stand covered by the aforesaid judgment of the learned Single Judge of this Court.

Accordingly, we allow this petition, quash and set aside the impugned seizure memo dated 16.04.2002 and the communications dated 17.04.2002 and 14.05.2002 issued by the respondent No.3. The amount of Rs.25,000/deposited by way of security in pursuance of the order dated 30.07.2002 be returned to the petitioner along with interest, if any, accrued thereon. Rule is made absolute in above terms. No order as to costs.