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On 19.06.2012, the Inspector of the Legal Metrology, Office of the Assistant Controller, seized the following products of the company :

     (i)      75 Nos. of Avon Naturals Cucumber &
              Melon Hand Soap (200 ml)






     (ii)     125 Nos. of Avon Naturals Milk & Honey
              Hand Soap (200 ml).

The Inspector seized the above products on the alleged ground that the petitioner had not declared the retail sale price of the products on the label and had therefore violated the provisions of Legal Metrology (Packaged Commodities) Rules of 2011 (for short 'the Rules'). A seizure notice was issued on 19.06.2012.

and Legal Metrology (Packaged Commodities) Rules 2011.

2. Whether affixation or the declaration of the retail sale price at the bottom of the bottle would amount to an offense/or violation of the Legal Metrology (Package Commodities) Rules, 2011?

The facts have been sufficiently stated and the same does not require reiteration.

Suffice it to note that on the 19th day of June 2012, the Inspector of Legal Metrology, Office of the Assistant Controller, issued a notice under Section 15 (b) of the Act. The notice is produced and marked as Annexure-B. A perusal of the same depicts that the Inspector seized the products i.e., 75 Nos. of Avon Naturals Cucumber and Melon Hand Soap (200 ml); 125 Nos. of Avon Naturals Milk and Honey Hand Soap (200 ml). The Inspector searched and seized the products without a warrant, hence what is required to be considered is whether the action of the Inspector is justified.

Much reliance is placed on Rules 2(h), 6(1)(e) and 8 of the Legal Metrology (Packaged Commodities) Rules 2011. Hence, extracting Rule 2 (h), 6(1)(e) and Rule 8 helps indicate the right approach.

2. Definition.- xxxxxx

(h) "principal display panel", in relation to a package, means the total surface area of the package where the information required under these rules is to be given in the following manner, namely.-

(i) all the information could be grouped together and given in one place; or

A notice is issued under Section 15(b) of the Act alleging that the retail sale price is not declared on the label (the label affixed to the package) and that there is a violation of the provisions of the Act.

As per Rule 8, the declaration shall appear on the 'Principal Display Panel'. Rule 2 (h) defines the Principal Display

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Panel. Hence, what is required to be declared is that the mandatory declarations and data are to be made available to a consumer when he or she purchases the product. Furthermore, as per Rule 6, a definite, plain, and conspicuous declaration is to be made in accordance with the provisions of chapter II of the Legal Metrology (Packaged Commodities) Rules 2011.