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6.I have heard the rival submissions.

7.The allegation is that the petitioners have charged excess price over and above the declared maximum retail price on the package. This according to the complainant violates Rule 18 (2) of the LMPC Rules 2011 read with Section 18 of the L.M. Act and hence punishable under Rule 32 (2) of the LMPC Rules, 2011. It will be apposite to refer to the above provisions .

8.Section 18 of Act 1 of 2010 reads as follows :-

"18. Declarations on pre-packaged commodities.-(l) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.
(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed."

9. Here it is the admitted case of the prosecution that the Beer bottle contained all label declarations including the MRP which was Rs 55/ - per unit.

10.Rule 18 (2) of the LMPC Rules, 2011 which is said to have been violated is extracted below for east reference :