read with Rules 2(m) and 6(1)(c) of the Legal Metrology
(Packaged Commodities) Rules, 2011 resulting in issuance of
notices and seizure memo ... respondent-
Authorities is sought referring to Rule 6(1)(c) of the Legal
Metrology (Packaged Commodities) Rules, 2011 which reads as
under
dated 24.11.2000 of DGFT and
Legal Meteorology (Pre-Packaged Commodities) Rules 2011 was not done
by the importer. The CBIC drcular No. 19/2011 dated ... rule & regulations prescribed in notification no. 44 (RE- 2000)/1997-
2002 dated 24.11 2000 of DGFT and Legal Meteorology (Pre-Packaged
Commodities) Rule, 2011
Metrology Act, 2009; Proviso to Rule
3(1)(b) of the Cigarettes and other tobacco Products (Packaging
and Labelling) Rules, 2008; Section ... Legal
Metrology Act, 2009 and the Legal Metrology (Packaged
Commodities) Rules, 2011.
F. The appellant through reply dated 07th September, 2019 to the
show cause
Legal Metrology Act, 2009 and Rules 24 of the
Legal Metrology (Packaged Commodities) Rules, 2011 and is,
apl.716.2025.Judgment.odt
(3)
therefore, guilty ... allegations, there is violation of Rule 18 of Legal
Metrology (Packaged Commodities) Rules, 2011 reads as under:
"18. Provisions relating to wholesale dealer
plaintiffs found that the FSSAI
which is imprinted on the packaging of the impugned products relates to the
defendant no.2, though the manufacturer ... would be contrary to the
packaging disclosure and violative to Rule 6 of the Legal Metrology
(Packaged Commodities) Rules, 2011.
33. Apart from the above
respondent has alleged and found
the petitioner has violated prepacked packages upon inspection ... both front
side and back side referring to Legal Metrology (package
commodities) Rules, 2011. But the same was not considered by
the respondent. Hence
Sections 4 and
6(2) of the Legal Metrology (Packaged Commodities) Rules, 2011, against
the petitioners.
At the very outset, it is submitted that
Plaintiff, along with an overall similar
get-up of the packaging of the product, with the clear attempt to cash upon
the Plaintiffs reputation ... their packaging do not
comply with the applicable laws, including the Legal Metrology Act, 2009
and the Legal Metrology (Packaged Commodities) Rules, 2011
Retail Sale" contained in
Rule 2(l) of the Legal Metrology (Package Commodity) Rules, 2011which
reads thus:
"2.Definitions
(i) "retail sale ... distinct from the one contained in Rule 2(l) of the Legal Metrology
(Package Commodity) Rules, 2011. In fact, the said Rule also clearly refers
inter alia, is to the amendment in Rule 6
(8) of the Legal Metrology (Packaged Commodities) Rules, 2011, which was
introduced by notification dated 16th ... said
notification, the Director, Legal Metrology mandated as under:-
"(8) Every package containing soap, shampoos,
tooth pastes and other cosmetics and toiletries shall
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