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2008 Supreme(AP) 911

V.V.S.RAO
TVS Electronics Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Counsel for Petitioner: Sri C.Kodanda Ram
Counsel for Respondent 1: Mr.A.Rajashekar Reddy (Assistant Solicitor General)
Counsel for Respondents 2 to 5: GP for Civil Supplies

ORDER:

M/s.TVS Electronics Limited (TVS Electronics, for brevity) and their General Manager filed instant writ petition questioning communications of respondents 4 and 5 (Inspectors of Legal Metrology, Tenali and Vijayawada respectively) informing that petitioners have committed offences under Section 39 of the Standards of Weights and Measures Act 1976 (for brevity, the Act) and Rule 23(1) of the Standards of Weights and Measures (Packaged Commodity) Rules 1977 (hereafter, Package Rules) punishable under Section 67 and Rule 39(1) of Package Rules. By impugned communication, petitioners were also informed that alleged offence is compoundable under Section 73 of the Act. If petitioners so desire, it was advised; they may pay necessary compounding fee within fifteen (15) days. Petitioners contend that the Act and Package Rules have no application to electronic printers (inkjet/laser/DOT Matrix printers etc) manufactured and marketed by them and that impugned communications are without authority or jurisdiction. Thus the case involves an interesting question as to whether electronic printers manufactured and marketed by TVS Electronics are "packaged commodities" within the meaning of









































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