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J. B. PARDIWALA, R. MAHADEVAN
ITC Limited – Appellant
Versus
State Of Karnataka – Respondent
No legal document content was provided in the
JUDGMENT :
R. Mahadevan, J.
Leave granted in both the SLPs.
2. The appellant, ITC Limited, is engaged in the business of stationery items including Exercise Books / Notebooks, Pens, Pencils, etc. under its brand ‘Classmate’. On 02.07.2020, Respondent No.2 acting under Section 15 of the Legal metrology Act, 20091[For short, “the 2009 Act”], conducted an inspection at the appellant’s premises situated at Survey No.9/4, A, B 9/2, 9/8 Arjunabettahalli Village, Madurai Road, Nelamangala Taluk, Bengaluru, and seized 7600 CFCs / packages of ‘Classmate’ exercise books for the alleged violation of Rule 24(a) of the Legal Metrology (Packaged Commodities) Rules, 20112[For short, “the 2011 Rules”] which is punishable under Section 36(1) of the 2009 Act. Pursuant to the seizure, a seizure notice and a compounding notice both dated 02.07.2020 were issued to the appellant. Alleging that no search warrant was obtained prior to the entry and that the provisions of Sections 100(4) and 165 of the Criminal Procedure Code3[For short, “Cr.P.C”] were not complied with, the appellant preferred Writ Petition No.8954 of 2020 (GM-RES) under Article 226 of the Constitution of India before the High Court of Karn
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