IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 1173 of 2006(B) -------------------------------------- CC.151/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED --------------------------------------- M.K.SHARMA, EXECUTIVE DIRECTOR, M/S.HINDUSTAN LEVER LTD., C-9, MIDC, KHAMGAON, MAHARASHTRA-444 303, (REGISTERED OFFICE AT 165/166, BACK BAY RECLAMA- TION, MUMBAI-400 020). BY SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. SENIOR INSPECTOR, LEGAL METROLOGY, KASARAGOD, (CIVIL STATION - KASARAGOD). 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1173 of 2006 -------------------------- ORDER Petitioner, the accused in C.C.No.151/2006 on the file of Chief Judicial Magistrate's Court, Kasaragod, filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken for the offence under Section 51 read with Section 33 of Standards of Weights and Measures (Enforcement) Act for violation of Rule 6(1)(b) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, contending that continuation of the proceedings is only an abuse of process of the court, as there is no violation of the mandatory provisions of Rule 6(1)(b) of Standards of Weights and Measures (Packaged Commodities) Rules (hereinafter referred to as 'the Rules'). 2. Learned senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Prosecution case is that Pears Soap, being manufactured by the petitioner, does not contain the necessary declaration as provided under Rule 6(1)(b) of the Rules. Rule 6(1)(b) provides that every package CRMC 1173/06 2 shall bear thereon or on a label securely affixed thereto, a definite, plain and conspicuous declaration, made in accordance with the provisions of the Chapter, as to the common or generic names of the commodity contained in the package and in case of packages with more than one product, the name and number or quantity of each product shall be specified on the package. The explanation shows that generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name. 4. Annexure-G is the package in which Pears Soap is sold. The contention of the first respondent is that what is conspicuously shown is Pears pure and gentle and the generic name that it is a bathing soap is not shown and therefore, there is violation. Learned senior counsel pointed out that the package specifically shows that pears is a transparent soap qualifying that it is the gentle way to keep skin looking healthy and glowing and apart from the picture of the soap, which would indicate to any consumer that what is being sold is a soap, it is specifically shown that it is a transparent CRMC 1173/06 3 soap and therefore, there is no violation of Rule 6(1) (b) of the Rules. 5. Though learned Public Prosecutor vehemently argued that it is not specifically shown that it is a bathing soap or a toilet soap and even the writings transparent soap is not so conspicuous and therefore, there is violation of Rule 6(1)(b) of the Rules, on the facts, I cannot agree. A very look of the package would satisfy any customer that what is being sold therein is a soap. In addition to that, it is specifically declared that it is a transparent soap. It is in conformity with the requirements provided under Rule 6 (1)(b) of the Rules. Hence, continuation of the proceedings is only an abuse of process of the court. Petition is allowed. C.C.No.151/2006 on the file of Chief Judicial Magistrate's Court, Kasaragod is quashed. 28th September, 2010 (M.Sasidharan Nambiar, Judge) tkv