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2. Brief facts of the case are that the petitioner is a Company which is engaged in various businesses and one of the business is sale of Sarees, blouses and lehengas of premium quality under its brand name "Taneira". Accordingly, it has set up retail outlets with the same name across the Country. In Hyderabad, it has set up its "Taneira" retail outlet at H.No.8-3- 293/174/14/G9, BNR Colony, Road No.14, Banjara Hilss, Hyderabad and was carrying on the said business. It is submitted that on 17.08.2019, the respondent No.3 visited the Taneira Store and inspected the garments offered by the petitioner's Company for sale. Thereafter, respondent No.3 has resorted to seizure of 10 Sarees and 5 lehengas on the ground that they are being sold in violation of Provisions under the Legal Metrology (Packaged Commodity) Rules, 2011. The said provisions pertain to penalties concerning pre-packaged commodities under the Legal Metrology Act, 2009 (the "LM Act"). The seizure was under panchanama dated 17.08.2019 and an undertaking was obtained from the store manager that he would not sell or dispose of the seized sarees and lehengas. Thereafter, the letter dated 30.09.2019 was issued stating that the offence was compoundable and to pay the compounding fee within a period of seven days therefrom. However, challenging the action of seizure and the subsequent notice dated 30.09.2019, the present writ petition has been filed.

4. Learned Government Pleader for Civil Supplies, on the other hand, relied upon the averments made in the counter affidavit and submitted that Section 2 (l) of the Legal Metrology Act, 2009 defines "pre packaged Commodity" and since the sarees and lehengas which are sold by the petitioner are packaged and did not contain the prescribed details on the labels, they have been seized. He further submitted that the seized packages did not bear the declaration of Name, Designation, Address and Telephone numbers of the person who is to be contacted in case of consumer complaints as prescribed in Rule 6 (2) and 18 (1) of the Legal Metrology of (Packaged commodities) Rules, 2011 read with Sections 18/36 and 49 of the Legal Metrology Act, 2009 and therefore, according to him, the writ petition is devoid of merits and is liable to be dismissed.

7. However, vide notification dated 16.12.2016, the Government of India has issued an Advisory for enforcement of provisions of Rules for Readymade Garments/Hosiery products. It is provided that the mandatory labeling requirements under the Legal Metrology (Packaged Commodities) Rules, 2011 are applicable only for pre-packed commodities, defined under Section 2(l) of the Legal Metrology Act, 2009 and that the mandatory labeling requirements for pre-packed commodities are therefore not applicable to garments sold in loose form and that the labeling requirements for garments sold in loose form in retail stores may include only the following declaration w.e.f. 01.07.2017:

9. This Court finds that this Advisory has further been clarified vide letter dated 31.03.2017 holding that loose garments which are sold after consumer sees them for style/design, tries them on for fit and touches them for feel of the fabric/fiber etc., is not a pre-packaged commodity if the same garment is delivered to the consumer. Thus, it is noticed that the details required under Rule 6(2) of the Legal Metrology (Packaged Commodities) Rules of 2011 is not applicable to the garments seized from the petitioner. However, even otherwise, this Court finds that the petitioner has fulfilled the said condition by giving the details about the sarees length, make of the sarees, brand and also the material and the manufacturer is mentioned as "Taneira" Company Limited and the email address of the said company is mentioned thereunder. Therefore, even though the said rule is not applicable, this Court is satisfied that the requirements of the Legal Metrology Act have been fulfilled by the petitioner company.