IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20138 of 2009(J) -------------------------- PETITIONER(S): --------------- M/S.SANTHOSH PHARMACY (REGD.), PB NO.1 ISO 9001,2000 CERTIFIED COMPANY KADALUNDI NAGARAM,MALAPPURAM DISTRICT REPRESENTED BY ITS PROPRIETOR K.VELAYUDHAN SANTHOSH HOUSE, PIN 673 314. BY ADV. SRI.MOHAN C.MENON RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY MINISTRY OF FOOD & CIVIL SUPPLIES NEW DELHI. 2. THE DIRECTOR DEPARTMEN OF LEGAL METROLOGY GOVERNMENT OF INDIA, SASTRI BHAVAN, NEW DELHI. 3. THE CONTROLLER OF LEGAL METROLOGY GOVERNMENT OF KERALA, TRIVANDRUM. BY GP SRI.P.NARAYANAN ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20138/2009 -------------------- Dated this the 20th day of July, 2009 JUDGMENT Petitioner is the registered manufacturer of Ayurvedic Medicines with licence under the Drugs and Cosmetics Act. An amendment was brought about to Packaged Commodities Rules framed under the Standards of Weights and Measures Act, 1976, inter alia requiring a packaged commodity to bear the name, address, telephone number and E-mail address of the persons who can be contacted in case of consumer complaint. This requirement is over and above the other requirements statutorily prescribed under the Drugs and Cosmetics Rules, in so far as the commodity in question is concerned. Rule 161 of the Drugs and Cosmetics Rules inter alia contemplates labelling, packing and limiting of commodities to be contained in an Ayurvedic preparation. Details to be given in the package includes the name of the drug, the correct statement of net content in terms of weight, the number and address of the manufacturer, the date of manufacture and whether the medicine is an Ayurvedic medicine or a siddha medicine, as W.P.(C).20138/09 2 the case may be. Apparently, these requirements are being followed by the petitioner. But with effect from 13.1.2007, another requirement was brought about by the introduction of Rule 6(1A) of the Standards of Weights & Measures (Packaged Commodities ) Rules, 1977, as stated above. According to the petitioner, it has sought for relaxation from the rigour of the aforementioned rules at least for a limited period. Ext.P2 is pending in this behalf before the Government of India. 2. I heard learned counsel representing the ASG also. I take note of the fact that there is substantial compliance with the requirement as broadly contemplated by Rule 6 (1A) of the Packaged Commodities Rules in the course of compliance of Rule 161 of the Drugs and Cosmetics Rules also. A typical label that is used by the petitioner was also produced before me for perusal. The description in the medicine which is packaged, the name of the manufacturer, the ingredients of the same, the net weight, and the full address of the manufacturers as also the batch number are mentioned. W.P.(C).20138/09 3 3. In these circumstances, I am of the view that Ext.P2 shall be considered by the 1st respondent in accordance with law and appropriate decision taken thereon, within three months from the date of receipt of a copy of this judgment. Any steps against the petitioner for non compliance of Rule 6(1A) of the Packaged Commodities Rules shall be kept in abeyance, until a decision is taken on Ext.P2. Writ petition is disposed of as above. V.GIRI, Judge mrcs