reads as follows :-
"18. Declarations on pre-packaged commodities.-(l)
No person shall manufacture, pack, sell, import,
distribute, deliver, offer, expose or possess ... sale any
pre-packaged commodity unless such package is in such
standard quantities or number and bears thereon such
declarations and particulars in such manner
Chapter 2, which are applicable to the packages intended for retail sale, does not apply to packaged commodities meant for industrial consumers or institutional consumers ... Notification, shall be applicable only on imports of those pre-packaged commodities, which are intended for retail sale. Since import of raw materials, components, bulk
other document, or
(d) indicate the net quantity of a pre-packaged
commodity, or
(e) express in relation to any transaction or
::: Downloaded
pleaded that Rule 9 (1)
(b) of the Legal Metrology (Packaged Commodities) Rules, 2011 (for short 'the
Rules') made under the Legal Metrology ... stamped,
printed or graphic matter affixed to, or appearing upon any pre-packaged
commodity.
Rule 9 (1) of the Rules reads as under:
"Manner
Rules made thereunder to declare MRP on the packages in which the goods are sold. According to the appellant, all the relays manufactured by them ... packages of the goods.
6. The provisions of SWM Act and the SWM Rules are applicable to pre-packaged commodities , as defined in Rule
Packaged Commodities) Rules, 1977, pre-packaged commodity means a commodity, which without the purchaser being present, is placed in a packaged of whatever nature, whether ... inspecting the commodity. The imported indoor units satisfy the definition of pre-packaged commodity as defined in Packaged Commodity Rules cited supra. Further
Legal Metrology (Packaged
Commodities) Rules, 2011. It is their case that for the purpose
of convenience and transportation, the tooth paste packages
were wrapped ... sold and on examination of some
of the pre-packed commodities, had found that pre-packages
were not according to the provisions
