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9. Then the question is whether shortage of 4 ml of Dubbonet foreign liquor delivered would attract  violation of provisions of Section 39(2) of SWM (Enforcement) Act. Argument of the learned counsel appearing for the petitioners is that as the article was sold in a packed bottle, when under schedule 2 of the SWM (Packaged Commodities) Rules, 1977 maximum permissible error, for a declared quantity having a measurement of 50 ml to 100 ml is 4.5 ml, the alleged deficit of 4 ml. cannot be said that there was violation of the provisions and punishable under Section 39(2) of SWM (Enforcement) Act.