Legal Metrology Act, 2009 are
as under :
"18. Declarations on pre-packaged
commodities. - (1) No person shall manufacture,
pack, sell, import, distribute, deliver, offer ... expose
or possess for sale any pre-packaged commodity
unless such package is in such standard quantities
or number and bears thereon such declarations
pre-packed any commodity
for sale, distribution or delivery unless the package in which
the commodity is pre-packed bears thereon, or on a label ... commodity contained in the package
or where commodity is packed or sold by number, the
number of the commodity contained in the package
permit any pre-
packed commodity to be sold, distributed or delivered 'unless the
package in which the commodity is pre-packed bears thereon ... commodity contained in the
package or where the commodity is packed or sold by
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number, the number of the commodity contained in the
package
same is replaced by Legal Metrology
(Packaged Commodities) Rules 2011.
3. Rule 34 of the Legal Metrology (Packaged
Commodities) Rules 2011 reads as under ... investigation commenced, licence
and registration or manufacturers, dealers,
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importers of pre-packaged commodities, or
show cause notice, decision, determination,
approval, authorization issued, given
2001 issued by Commissioner of Customs, Cochin) which stipulates that all pre-packaged commodities imported into India shall in particular carry the following declarations ... which the commodity is manufactured or packed or imported.
e. Maximum Retail Sale Price (MRP) at which the commodity in packaged form may be sold
Metrology Act read with Rule 6 (1) of the Legal Metrology (Packaged Commodities) Rules, 2011.
2. Ld. Counsel submits that the goods in question have ... person shall import, delivery, offer or possess for sale in pre-packaged commodity unless such package is in such standard quantities or number and appears
Section 2(b) of the Act provides that commodity in packaged
form means commodity packaged, whether in any bottle, tin,
wrapper, or otherwise, in units ... suggest that the Refrigerator is
covered under the term pre packed commodity. Even
the package of the Refrigerator is required to be open for
testing
Rules, "Wholesale
Package means a package containing (a) a number of retail packages,
where such first mentioned package is intended for sale, distribution ... Explanation VI, such "package"
shall be construed as a package containing pre-packed commodity of food
articles. As per Rule
packed or prepacked, shall be given on the label:
Provided that the month and the year of manufacture, packing or
prepacking shall ... more than three months;
Provided further that in case any package contains commodity
which has a short shelf life of less than three months
manufacturing process within their factory premises, the provisions of Legal Metrology (Packaged Commodity) Rules, 2009 are not applicable. Both the lower authorities have held that ... 2008-CX is applicable as the imported goods were in pre-packaged condition in 250 gms. intended for retail sale.
5. In our considered view
