Jammu & Kashmir High Court - Srinagar Bench
Twining Pvt. Ltd vs Deputy Controller on 14 October, 2024
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 6176/2024 in
WP(C) No. 2312/2024
Twining Pvt. Ltd. .... Petitioner/Appellant(s)
Through:- Mr. S.F. Qadiri, Sr. Advocate with
Mr. Syed Mansoor, Advocate.
V/s
Deputy Controller, .....Respondent(s)
Legal Metrology (Enforcement)
Department, J&K and others
Through:-
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
14.10.2024 CM No. 6176/2024 This application has been preferred by the applicant for seeking exemption from filing certified copies of the impugned annexures.
The applicant is exempted from filing certified copies of the impugned annexures till the next date of hearing. WP(C) No. 2312/2024
01. Petitioner has assailed notice No. LM/DCK-Enf/220-21/24, dated 05.08.2024, issued by the respondent No. 1 for violation of Section 18/Section 36(1) of the Legal Metrology Act, 2009 read with Rule 6(11) of the Legal Metrology (Packaged Commodities) Rules, 2011 to clarify their position as to why action for contravention of Legal Metrology Act, 2009 not be initiated against them. The petitioner also seeks quashing of WP(C) No. 2312/2024 Page 2 of 3 communication dated 24.09.2024, whereby prosecution against the directors of the petitioner's company was initiated.
02. Learned counsel for the petitioner submits that the proceedings initiated against the petitioner as per notice dated 05.08.2024 are not sustainable, as they are with regard to an offence regarding non- declaration of USP on the packets of tea available for sale, that was finally compounded by compounding order dated 06.08.2024, issued by the Senior Inspector, Legal Metrology (Weights and Measurements), Mohan Nagar, Ghaziabad.
03. The Senior Inspector, Ghaziabad, had already issued show-cause notice dated 09.07.2024 to the petitioner for non-declaration of USP on the packets of tea for violations of Section 18(1) and 36(1) of the Legal Metrology Act, 2009, and Rule 6(11) of the Legal Metrology (Packaged Commodities) Rules, 2011.
04. Since the offences were compoundable, the same were compounded vide order dated 06.08.2024. The proceedings emanate from a single offence and respondent No. 1 was apprised that the offence had been compounded, as such, no further notice or proceedings could be initiated with regard to the same offence and multiple proceedings with regard to a single offence is not permissible in law.
05. Reliance in this regard has been placed on the judgment in case titled 'M/s Ramdev Agencies and another vs. State of Karnataka,' passed in Criminal Petition No. 100483/2020 on 23.09.2020, wherein it was held that:
WP(C) No. 2312/2024 Page 3 of 3
"13. Though there are multiple notices which have been issued, the infractions remain one and the same. It is that infractions which is a violation of Rule 6(1)(e) and Rule 6(2) of the Legal Metrology (Package Commodities) Rules, 2011 and is punishable under Section 36 of Legal Metrology Act, 2009. The infractions remaining only one, the violation remaining only one and the same having been compounded, there cannot be multiple compounding or multiple prosecutions as alleged against the petitioners."
06. Issue notice to the respondents, returnable within four weeks.
07. Requisites for the same within one week.
08. List on 18.11.2024.
09. Meanwhile, subject to objections from the other side and till next date of hearing before the Bench, the impugned show-cause notice dated 05.08.2024 and communication dated 24.09.2024, whereby prosecution was initiated and further proceedings pursuant to the same, shall stay.
(Sindhu Sharma) Judge Srinagar:
14.10.2024 Michal Sharma/PS Michal Sharma 2024.10.23 14:23 I attest to the accuracy and integrity of this document Srinagar