Bombay High Court
M/S. Puma Sports India Pvt. Ltd vs State Of Maharashtra Thr. Secretary ... on 7 April, 2022
Author: Madhav J. Jamdar
Bench: G.S. Patel, Madhav J. Jamdar
911-ASWP-4152-2022.DOCX
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4152 OF 2022
Puma Sports India Pvt Ltd ...Petitioner
Versus
State of Maharashtra through Secretary Food ...Respondents
Civil Supplies And Consumer Protection
Department & Ors
Mr Chinmoy P Sharma, Senior Advocate, with Sandeep Marne,
for the Petitioner.
Ms SD Vyas, 'B' Panel Counsel, for the Respondent-State.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 7th April 2022 ASHWINI PC:- HULGOJI GAJAKOSH Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2022.04.07 19:33:06 +0530
1. Rule. We are inclined to grant interim relief for the reasons that appear below. Ms Vyas fairly waives service for the Respondent State.
2. The Petitioner is the well known manufacturer of sports goods and equipment, including shoes. Respondent No. 2 is the controller of Legal Metrology appointed under the Legal Metrology Act 2009. This Act will be read with the Legal Metrology (packaged commodities) Rules 2011. The 3rd Respondent is the Joint Controller Page 1 of 6 7th April 2022 911-ASWP-4152-2022.DOCX of Legal Metrology and the 4th Respondent is the Inspector of Legal Metrology.
3. The Petitioner sold some products that it imported to an online retailer Flipkart India Private Limited ("Flipkart"). The goods were dispatched to Flipkart's warehouse in District in Bhiwandi. The warehouse is maintained by another entity Instakart Services Private Limited.
4. The packaged products of the Petitioner contained a label on the carton, a copy of which is annexed to this order. A less legible copy is at page 25 at Exhibit "B". It seems that the Inspector of Legal Metrology visited the Flipkart premises on 7th January 2022 and, in ostensible exercise of powers under Section 15 of the Act, seized 83,822 boxes or cartons and sealed them on site. A copy of the notice which is a handwritten carbon copy under Sr No. 040237 is produced. It is barely legible. A photocopy of the carbon copy is at page 22. It is even less legible. There is a translation at page 23. It says that there is an alleged 'short address', and then there is some complaint about the font size not being as per the Act. This is said to be in relation to the 83,822 cartons of the Petitioner's products. (Similar allegations seems to have been made in the same notice for some other product but with which the Petitioner is not concerned).
5. Section 36 of the Act provides a penalty for selling non- standard packages. The Rules and the Act provide for information that is to be stated on the cartons.
Page 2 of 67th April 2022 911-ASWP-4152-2022.DOCX
6. Section 36 reads thus:
"36. Penalty for selling, etc., of non-standard packages.-- (1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale nay pre-packaged commodity which does not conform to the declarations on the package as provide din this Act, shall be punished with fine with may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.
(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-
packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with find which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both."
7. We do not believe that any purpose will be served by keeping the goods under seal. What we will require however in fairness to Ms Vyas is the following:
i. that the Petitioners will prepare, if they have not already, a complete inventory of the 83,822 sealed goods; the notice itself mentions a list in possession of the authorities;Page 3 of 6
7th April 2022 911-ASWP-4152-2022.DOCX ii. the Petitioners will state on Affidavit to be filed within one week the invoice value of the 83,822 goods as sold to Flipkart or shown in the Petitioner's books; iii. the Petitioners will preserve one carton intact for further reference going forward.
8. Since the dispute is about the label, we are appending to this order a scan of the label so that there is no difficulty at all. A digital copy of this order can always be accessed showing a legible copy of the scan.
9. We believe that the issue is small and therefore we will make Rule returnable at the earliest possible date, i.e. 8th July 2022 at 2.30 pm.
10. An Affidavit in Reply on behalf of the Respondents is to be filed and served on or before 27th June 2022.
11. We do not think there is need for a Rejoinder at this stage.
(Madhav J. Jamdar, J) (G. S. Patel, J) Page 4 of 6 7th April 2022 911-ASWP-4152-2022.DOCX Page 5 of 6 7th April 2022 911-ASWP-4152-2022.DOCX Page 6 of 6 7th April 2022