M/S Mrf Limited vs Controller Of Legal Metrology on 11 December, 2013

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Karnataka High Court

M/S Mrf Limited vs Controller Of Legal Metrology on 11 December, 2013

Bench: A.N. Venugopala Gowda

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     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 11TH DAY OF DECEMBER, 2013

                       BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

         WRIT PETITION NO.47650/2012 (GM-RES)

BETWEEN:

M/S. MRF LIMITED
NO.124, GREAMS ROAD,
CHENNAI-600 006,
REPRESENTED BY ITS OFFICE MANAGER
MR.MOHAN KUMAR NAIR.                         ...PETITIONER

(BY SRI RAJESH VELLAKATT FOR
    M/S. WHITE FOREST LAW OFFICES, ADVS. )

AND:
1.      CONTROLLER OF LEGAL METROLOGY
        GOVERNMENT OF KARNATAKA
        NO.1, ALI ASKER ROAD ,
        BANGALORE - 560 052.

2.      INSPECTOR OF LEGAL METROLOGY
        FLYING SQUAR-I, NO.1
        ALI ASKAR ROAD,
        BANGALORE-560 052.              ...RESPONDENTS

(BY SRI LAXMINARAYAN, AGA)

      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
SEARCH AND SEIZURE NOTICE DATED 11.10.2012 FOR THE
VIOLATION UNDER SECTION 18 PUNISHABLE UNDER SECTION
36[1] OF THE LEGAL METROLOGY ACT 2009 AND RULE 13(5)
OF THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES
2011 VIDE ANNEXURE-A, ETC.
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       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                         ORDER

This writ petition is directed against search and seizure notice dated 11.10.2012, as at Annexure-A, for alleged violation under S.18 of the Legal Metrology Act, 2009 (for short, the Act) punishable under S.36(1) of the Act and under Rule 13(5) of the Legal Metrology (Packaged Commodities) Rules, 2011 and notice dated 16.11.2012 as at Annexure-B issued by respondent No.2.

2. S.50 of the Act provides for appeals. Clause

(a) of sub-section (1) of S.50 makes it clear that from every decision or order under Ss.15 to 20, S.22, S.25, Ss.27 to 39, S.41 or any rule made under sub-section (3) of S.52 by the Legal Metrology Officer appointed under S.13, an appeal lies to the Director, subject to the provision of sub-Section (2) of S.50. The impugned action vide Annexures - A & B can be questioned in an appeal 3 before the Director of Legal Metrology under the said provision.

Since the petitioner has alternative and statutory remedy which is efficacious, I decline to entertain this writ petition.

Writ petition is disposed of reserving liberty to the petitioner to question the impugned action of respondent No.2 vide Annexures - A & B by filing an appeal before the Director of Legal Metrology.

The time taken in prosecuting this writ petition from 24.11.2012, till date, shall stand excluded, if an appeal is filed within a period of two weeks from today.

All the contentions raised in this writ petition as against the impugned action / orders of the 2nd respondent vide Annexures - A & B are left open for consideration and decision by the Appellate Authority.

No costs.

Sd/-

JUDGE sac*

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