IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 OP.No. 12540 of 2003(P) ------------------------------------- PETITIONER(S): ------------------------ M/S.ALFA ELECTRONICS, RASHEED TOWERS, 2ND FLOOR, KARIMPATTA CROSS ROAD, PALLIMUKKU, KOCHI-16, REPRESENTED BY ITS MANAGING PARTNER, SRI.K.V.VARGHESE. BY ADVS. MR.TOMY SEBASTIAN, SMT.PAMEELA REMMY JOSE.P. RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FOOD AND CIVIL SUPPLIES, DEPARTMENT OF CIVIL SUPPLIES, KRISHI BHAVAN, NEW DELHI-110 001. 2. DIRECTOR OF STANDARDS OF WEIGHTS AND MEASURES, MINISTRY OF FOOD AND CIVIL SUPPLIES, GOVERNMENT OF INDIA, 12-A, JAM NAGAR HOUSE, NEW DELHI-110 001. 3. THE CONTROLLER OF LEGAL METROLOGY, TRIVANDRUM. 4. INSPECTOR OF LEGAL METROLOGY, OFFICE OF THE INSPECTOR OF LEGAL METROLOGY, RANNI. R1 & R2 BY MR.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL R3 & R4 BY GOVERNMENT PLEADER MR. B.VINOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 6/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.21340/2003 AND I.A.NO.1976/2003 IN O.P.NO.12540/2003 P DISMISSED 6/08/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SHOW CAUSE NOTICE NO.64/2003 DTD. 12/03/2003 ISSUED BY THE 4TH RESPONDENT. P2: COPY OF THE REPLY ISSUED BY THE COUNSEL FOR THE PETITIONER DTD. 28/03/2003. P3: COPY OF THE ORDER IN CMP.NO.25791 OF 1994 IN O.P.NO.14701 OF 1994 DTD. 24/10/1994. P4: COPY OF THE ORDER IN CMP.NO.29308 OF 1998 IN O.P.NO.16488 OF 1998 DTD. 26/09/1998. P5: COPY OF THE ORDER IN CMP.NO.39396 OF 1998 IN O.P.NO.22360 OF 1998. P6: COPY OF THE ORDER IN CMP.NO.46130 OF 1999 IN O.P.NO.27234 OF 1999. P7: COPY OF THE ORDER IN CMP.NO.19795/2001 IN O.P.NO.12395/2001 DTD. 25/07/2001. P8: COPY OF THE ORDER NO.C1/3393/03 DTD. 29/12/03 PASSED BY THE 3RD RESPONDENT GAZETTE NOTIFICATION B.O.1066/1999. RESPONDENT'S EXHIBITS: R3(A): COPY OF LETTER NUMBER C1-3393/03 DTD. 06/06/2003 FROM THE CONTROLLER OF LEGAL METROLOGY, THIRUVANANTHAPURAM ADDRESSED TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 OP.No. 12540 of 2003(P) ------------------------------------- PETITIONER(S): ------------------------ M/S.ALFA ELECTRONICS, RASHEED TOWERS, 2ND FLOOR, KARIMPATTA CROSS ROAD, PALLIMUKKU, KOCHI-16, REPRESENTED BY ITS MANAGING PARTNER, SRI.K.V.VARGHESE. BY ADVS. MR.TOMY SEBASTIAN, SMT.PAMEELA REMMY JOSE.P. RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FOOD AND CIVIL SUPPLIES, DEPARTMENT OF CIVIL SUPPLIES, KRISHI BHAVAN, NEW DELHI-110 001. 2. DIRECTOR OF STANDARDS OF WEIGHTS AND MEASURES, MINISTRY OF FOOD AND CIVIL SUPPLIES, GOVERNMENT OF INDIA, 12-A, JAM NAGAR HOUSE, NEW DELHI-110 001. 3. THE CONTROLLER OF LEGAL METROLOGY, TRIVANDRUM. 4. INSPECTOR OF LEGAL METROLOGY, OFFICE OF THE INSPECTOR OF LEGAL METROLOGY, RANNI. R1 & R2 BY MR.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL R3 & R4 BY GOVERNMENT PLEADER MR. B.VINOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 6/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.21340/2003 AND I.A.NO.1976/2003 IN O.P.NO.12540/2003 P DISMISSED 6/08/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SHOW CAUSE NOTICE NO.64/2003 DTD. 12/03/2003 ISSUED BY THE 4TH RESPONDENT. P2: COPY OF THE REPLY ISSUED BY THE COUNSEL FOR THE PETITIONER DTD. 28/03/2003. P3: COPY OF THE ORDER IN CMP.NO.25791 OF 1994 IN O.P.NO.14701 OF 1994 DTD. 24/10/1994. P4: COPY OF THE ORDER IN CMP.NO.29308 OF 1998 IN O.P.NO.16488 OF 1998 DTD. 26/09/1998. P5: COPY OF THE ORDER IN CMP.NO.39396 OF 1998 IN O.P.NO.22360 OF 1998. P6: COPY OF THE ORDER IN CMP.NO.46130 OF 1999 IN O.P.NO.27234 OF 1999. P7: COPY OF THE ORDER IN CMP.NO.19795/2001 IN O.P.NO.12395/2001 DTD. 25/07/2001. P8: COPY OF THE ORDER NO.C1/3393/03 DTD. 29/12/03 PASSED BY THE 3RD RESPONDENT GAZETTE NOTIFICATION B.O.1066/1999. RESPONDENT'S EXHIBITS: R3(A): COPY OF LETTER NUMBER C1-3393/03 DTD. 06/06/2003 FROM THE CONTROLLER OF LEGAL METROLOGY, THIRUVANANTHAPURAM ADDRESSED TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss M.Sasidharan Nambiar, J. -------------------------- O.P.No.12540 of 2003 -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of certiorari to quash Exhibit P1 notice issued by the Inspector of Legal Metrology to show cause why prosecution shall not be initiated against the petitioner under Sections 29 and 35 of Standards of Weights and Measures Act, 1976, 23 and 28 of Standards of Weights and Measures (Enforcement) Act, 1985, punishable under Sections 54 and 58 of the said Act and to declare that Rules 3(1) and 23 of Standards of Weights and Measures (Packaged Commodities) Rules, 1977 are ultra vires of Standards of Weights and Measures Act, 1976 and for a writ of mandamus or direction restraining respondents from taking further action for implementing the provisions of Standards of Weights and Measures Act, 1976, Standards of Weights and Measures (Enforcement) OP 12540/03 2 Act, 1985 and Standards of Weights and Measures (Packaged Commodities) Rules, 1977 and to declare that provisions of Standards of Weights and Measures (Enforcement) Act, 1985 and Standards of Weights and Measures (Packaged Commodities) Rules, 1977 do not apply to the products distributed by the petitioner. 2. The contentions canvassed by the petitioner are squarely covered by the Division Bench decision of this Court dated 9.4.2008 in O.P.No.7575/2005 and connected cases (M/s.Paragon Rubber Industries v. Union of India and others). The Division Bench held that Standards Act and Rules and the Enforcement Act even apply to a case where the package contains only one piece and sale of that commodity is effected after opening the package. Items manufactured by the petitioner attract the provisions of Standards Act, Enforcement Act and the Rules and therefore, the order passed by the Controller of Legal Metrology, granting sanction OP 12540/03 3 for prosecution, cannot be quashed and the officers cannot be restrained from initiating any legal proceedings and all the original petitions were dismissed. It was made clear that dismissal of the original petitions will not stand in the way of respective petitioners from raising appropriate defence in the prosecution, if any and also will not be a bar for compounding the offences alleged against them. In the light of the said decision, this original petition can only be dismissed. The original petition is, therefore, dismissed. It is made clear that dismissal of the original petition will not be a bar to raise all the available contentions before the Magistrate or seeking compounding of the offences. 6th August, 2009 (M.Sasidharan Nambiar, Judge) tkv OP 12540/03 4 M.Sasidharan Nambiar, J. -------------------------- O.P.No.12540 of 2003 -------------------------- JUDGMENT 6th August, 2009