1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6729 OF 2008 WRIT PETITION NO. 6729 OF 2008 WRIT PETITION NO. 6729 OF 2008 Valvoline Cummins Ltd. & Anr. ...Petitioners Versus The State of Maharashtra &Ors. ...Respondents Mr. V.Sridharan, Mr. Prakash shah & Mr. Gajendra Jain, Advocates i/b. PDS Legal, Advocates for the petitioners. Mr. P.M.Patel, AGP, for Respondent Nos. 1 & 2. Mr. S.M.Shah with Mr. R.C.Master, Advocates, for Respodnent No.6. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATED: 10th October, 2008. DATED: 10th October, 2008. DATED: 10th October, 2008. P.C. P.C. P.C. 1. The petitioners are aggrieved by seizure of the goods by the Respondents on 26.9.2008. These goods mainly contain lubricating oils. Counter affidavit has been filed. The main issue, on which the parties are at dispute, is whether along with the name of the manufacturer the label should also have disclosed the name of the packer as the manufacturer admittedly was not packer of the goods. 2. The learned Counsel for the petitioners submits 2 that if the manufacturer does not pack the material itself and does not print the name, then the whole liability would rest on the manufacturer and it, as a manufacturer, is responsible under the relevant Rules. We are also informed that there is no provision in the Standards of Weights and Measures Act, 1976 for confiscation of goods. At best, the petitioners could be prosecuted in terms of Section 63 of the said Act and the maximum punishment that could be awarded is Rs.5,000/- per director. The offence is otherwise compoundable. Therefore, no purpose will be served if the goods worth Rs.10 crores are kept under seizure. 3. The learned Counsel for the petitioners submits that the petitioners have eight directors and if they are convicted, ultimately, they will have to pay a total fine of Rs.40,000/-. 4. In the circumstances, with the consent of the learned Counsel for the parties, this Petition can be disposed of with the following directions :- (i) The Respondents may release the goods. However, they will be at liberty to keep five samples for the purpose of trial, if any, in 3 future. (ii) The petitioners shall deposit an amount of Rs.1,00,000/- in this Court within two weeks from today. This deposit shall remain with this Court till the prosecution, if any, is launched and shall be disbursed in accordance with the order of the trial Court. However, if there is no prosecution launched, the amount shall be reimbursed to the petitioners. (iii) The amount deposited shall be invested in a Nationalised Bank for three months. (iv) After the amount is deposited, the Registrar (Judicial) shall direct the Respondents to release the goods. (v) The Respondents shall decide within a period of three months from today whether to prosecute or not to prosecute. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) 4 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)