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iv. On 2nd May, 2016, a complaint was filed by the respondent, on the basis of which the summons against the petitioner were issued on 2nd May, 2016.

3. Reply to the present petition as well as the rejoinder thereto have been filed.

4. Senior counsel appearing on behalf of the petitioner submits that the products of the petitioner company are not 'pre-packaged commodities' and therefore, the 2011 Rules are not applicable.

5. He further places reliance on an advisory dated 31st March, 2017, issued by the Ministry of Consumer Affairs, Legal Metrology Division, wherein it has been stated that loose garments which are sold would not constitute a 'pre-packaged commodity' in terms of the Legal Metrology Act, 2009.

(l) "pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity;"

8. A reference may also be made to Rule 13(3)(b) of the 2011 Rules, which is set out below:

"13. Statement of units of weight, measure or number.- ...
(3) When expressing a quantity of equal to or more than- ...
(b) one metre, the unit of length shall be the metre and any fraction of a metre shall be expressed in terms of decimal of sub-multiples of the metre or in terms of centimetre;"

9. A reading of the Rules would also make it evident that the aforesaid Rules are only applicable in respect of 'pre-packaged commodities'.

10. In paragraph 7 of the reply filed on behalf of the respondent, it has specifically been admitted that the mandatory labelling requirement for 'pre- packaged commodities' is not applicable to garments sold in loose form. Paragraph 7 of the reply is set out below:

11. Even in the advisory issued on 31st March, 2017, by Legal Metrology Division, Ministry of Consumer Affairs, it has been stated as under:

"(i) A loose garments which is sold after consumer sees them for Style/Design, tries them for fit and touches them for feel of the Fabric/Fibre etc. is not a pre-packaged commodity, if the same garment is delivered to the consumer."

12. It cannot be disputed that the goods of the petitioner company are sold in a loose form and would therefore not fall into the category of the 'pre packaged commodity'.