M/S Ims Mercantiles Pvt. Ltd. vs Union Of India And Ors. on 11 December, 2015


1. The petitioner is a registered trader who carries on sale of imported
rechargeable LED flash lights. This writ petition is filed aggrieved by the
notice issued by the respondent No.3 purportedly in exercise of the power
conferred under Section 48 of the Legal Metrology Act, 2009, compounding
the alleged offence punishable under Section 36(1) of the said Act on
payment of compounding fee of Rs.25,000/-. The prayer in the writ petition
is as follows:
2. As could be seen from the material available on record, the
petitioner‟s premises was inspected by the team of the Legal Metrology,
Government of NCT of Delhi on 22.11.2013 and it was found that one of the
packets containing rechargeable LED flash lights did not bear the word „Rs./
`‟. In other words, the MRP shown on the package was not prefixed with

symbol „Rs./`‟ but it was merely shown „MRP 299.00‟. Accordingly an
inspection report/memo dated 22.11.2013 was issued by the respondent
No.3/Asst. Controller of Legal Metrology. On 05.12.2013, the petitioner
made a representation stating that the omission of the word „Rs./`‟ was only
on account of a minor printing error and there was no malafide intention as
was apparent from the fact that the mistake was found on only one packet
among many packets searched by the inspection team. However, the
respondent No.3 chose to initiate proceedings for compounding under
Section 48 of the Legal Metrology Act, 2009 and issued the impugned
notice calling upon the petitioner to appear before the Controller/Assistant
Controller on 09.01.2014 for compounding the alleged offence of
contravention of provisions of the Legal Metrology (Packaged
Commodities) Rules, 2011.

Source: Indian Kanoon

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