Section 25 in The Standards of Weights and Measures (Packaged Commodities) Rules, 1977
25. Action to be taken on completion of examination of packages at the premises of the manufacturer or the packer
- [(1) If it appears from the report referred to in sub-rule (3) of rule 24 that,-(a)the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto, or(b)any such package shows an error in deficiency greater than the maximum permissible error, or(c)any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules,the Director or the authorised person shall take action as given below:-(i)seize the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate Court as evidence;(ii)based on the evidence initiate action for violations of the provisions of the Act and these rules:Provided that no such action shall be taken if fresh tests are carried out under sub-rule (4) of rule 24, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the Director or the authorised person shall take appropriate action as specified in this sub-rule in accordance with the provisions of the Act against the manufacturer or, as the case may be, the packer.] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).][* * *] [Sub-Rule (2) omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](3)The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
