pre-packaged commodity shall contain a declaration as
to the net quantity or number of the commodity contained
in the package in such form ... pre-packaged commodity which does not conform to the declarations on
the package.
19. As we could see, the Packaged Commodities Rules alone dealt with
submits that the
products of the petitioner company are not 'pre-packaged commodities' and
therefore, the 2011 Rules are not applicable ... requires,--
(l) "pre-packaged commodity" means a commodity which
without the purchaser being present is placed in a package of
whatever nature, whether
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
commodity contained in the package or where the commodity
is packed or sold by number, the number of the commodity contained in the
package, shall ... contained in the pre-package. Sub rule (f) of Rule 6 requires mandatory
declaration of size on the pre-package commodity which states that where
Measures (packaged Commodities) Rules, 1977
require selling of products in pre-packed form at
a price not more than MRP declared on the
package, irrespective ... pre-packaged form declared on
the packet in hotels or restaurants would include the maximum
retail price of the commodity and an additional service charge
Delhi Sarkari Ration Dealers Sangh ... vs Commissioner Food And Supplies Govt Of ... on 19 May
sale any packaged food products which are
not marked and labelled in the manner prescribed; thus pre-
packaged or pre-packed food does not necessarily ... deliver
such commodity of food to the consumer in small quantities;
(i) that subject package is thus a wholesale package which requires
labelling;
(j) that
revised prices in relation to any packages except those packages which bear marking, indicating that they were pre-packed in the month in which such ... revised price, irrespective of the month in which the commodity was pre-packed."
(7) The matter was also considered by the 'Expert Committee
products, like, soluble tea, coffee, soluble coffee,
coffee-chicory mixture, packaged drinking
water, packaged mineral water, alcoholic
beverages or fruit and vegetables, processed and
prepackaged ... view, the product in question ought to be considered as processed and
pre-packaged assorted vegetables, fruits, vegetables and products that
comprise of single ingredient
Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt Ltd on 19 December
