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16. The learned APP submits that, the data sheet made by respondent no.2 clearly indicates that statistical average of the net quantity of the seized product is less than the declared quantity. There is no provision to deduct the maximum permissible error from the statistical average of the net quantity. The term maximum permissible error is referred in relation with the number of packages in the batch under examination showing an error in deficiency greater than the specified permissible error. The learned APP submits that there is no substance in this Criminal Application and Criminal Application is thus liable to be dismissed.

2 (i) "Maximum permissible error" :-

"maximum permissible error", in relation to the quantity [including the quantity declared to be given free by the manufacturer/packer] contained in an individual package, means an error in deficiency or excess which, subject to the provisions of these rules, does not exceed-

(i) In relation to the commodities specified in the First Schedule, the limits of error specified in that Schedule;