CONTRARY TO THE
TRADEMARKS ACT 1999, THE LEGAL METROLOGY [PACKAGED
COMMODITIES] RULES 2011 AND NOTIFICATION 1272/1962
ISSUED UNDER TRADEMARKS LAW & ETC.
WRIT PETITION ... RULE 3, RULE 4, RULE 5
AND SCHEDULE THERETO OF THE CIGARETTES AND OTHER
TOBACCO PRODUCTS [PACKAGING AND LABELLING] RULES, 2008
AS AMENDED BY [AMENDMENT
packages contravenes the
provisions of Rule 6 (i) (a) and (e), Rule 6 (2), Rule 18 (i) of the
Legal Metrology (Packaged Commodities) Rules, 2011 ... Rule 6(1)(a), Rule 6(1)(e), Rule 6 (2), Rule 18(1) of the Legal Metrology
9
(Packaged Commodities) Rules 2011 read with
violation of Rule
6(1)(a), Rule 6(1)(b) and Rule
6(1)(aa) of the Legal Metrology
(Packaged Commodities) Rules 2011?
7.6. What ... violation of Rule 6(1)(a), Rule
6(1)(b) and Rule 6(1)(aa) of the Legal
Metrology (Packaged Commodities) Rules
2011
packaged goods should be as per Packaged Commodities
Rules, more particularly Rule 2(m) and not as per Numeration
Rules, 2011.
9. He would further ... contend that Rule is applicable
for retail packages and wholesale packages are governed
under Chapter-III of Packaged Commodities Rules, 2011 as
well as Rule
that the diapers is not mentioned in
Rule 14 of the Legal Metrology (Packaged commodities) Rule
2011 and for that reason, the Magistrate could ... petitioner is not being prosecuted for
violating Rule 14 of the Legal Metrology (Packaged
commodities) Rule 2011 and he is being prosecuted for
violating under
Metrology Act
complained of 2009 r/w Rule 32(1) of Legal Metrology
(Packaged commodities) Rules 2011.
6.Plea Accused No.1 and 2 pleaded ... Legal Metrology Act 2009 r/w Rule 32(1) of
Legal Metrology (Packaged commodities) Rules 2011.
2. The brief facts of the prosecution case
declaration made is substantial compliance with
Rule 6(2).
Rule 6(2) of the Packaged Commodities Rules, 2011 clearly provides
whereby every package shall bear ... Packaged
Commodities) Rules, 2011 were made and notified under Section 52 (2)
(j) and (o). Rule 6 sub rule (1) prescribes that every package shall
declaration made is substantial compliance with
Rule 6(2).
Rule 6(2) of the Packaged Commodities Rules, 2011 clearly provides
whereby every package shall bear ... Packaged
Commodities) Rules, 2011 were made and notified under Section 52 (2)
(j) and (o). Rule 6 sub rule (1) prescribes that every package shall
wholesale packages and there is no violation of Rule 4
or Rule 24 of the Legal Metrology Packaged Commoties
Rules 2011 (hereinafter referred ... also Rule 4 and Rule
24 of the Legal Metrology Package Commodities Rule
2011. Respondent has not disclosed the details of the
articles which were
violation of Rule 6(1)(a) read with
Rule 10 of the Legal Metrology (Packaged Commodities) Rules, 2011.
3. Vide impugned order dated 26.09.2011, learned ... petitioner has violated Rule 6(1) (a) read with Rule
10 of the Legal Metrology (Packaged Commodities) Rule, 2011. He also
submits that the offence