S.V. Bhatt, J.

Heard Smt.G.Jyothi Kiran, learned Government Pleader (Civil Supplies) for appellants, Sri K.Lakshman, learned Assistant Solicitor General for Union of India and Sri A.Sudarshan Reddy, learned senior counsel for respondent.

2. The respondents in W.P.No.18242 of 2018 are the appellants.

3. The instant appeal examines the nature, scope and object of Sections 18 and 52 of the Legal Metrology Act, 2009 and Rule 6 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 (for short, 'the Act and the Rules' respectively).

4. The learned Single Judge, through the order dated 11.07.2018 in W.P.No.18242 of 2018 under appeal, allowed the writ petition, set aside the order of 2nd appellant in Appeal No.751/T/2018 dated 30.04.2018, held that the requirement under Rule 6(2) of the Rules is complied with; the seizure of Kinley Water Bottles through panchanama dated 24.04.2018 is illegal, and further directed release of the seized stock.

5. This Court, keeping in view the importance of the question for decision and also the implication in the working of the Act and the Rules, issued notice to Sri K.Lakshman, the Assistant Solicitor General of India, who has accepted notice on behalf of the Union of India and made submissions on the stand of the Union on the interpretation, scope and the extent of the operation provisions.

6. The circumstances leading to litigation are not in dispute and are stated thus. For convenience, the parties are referred to, as arrayed in the writ petition.

7. The petitioner prayed for Mandamus declaring the order dated 26.05.2018 passed by the Controller of Legal Metrology, Hyderabad, Telangana State/2nd respondent in Appeal No. 751/T/2018, confirming the seizure made by the 3rd respondent under panchanama dated 24.04.2018, as illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India. The petitioner prays for a direction to release the stock seized under panchanama dated 24.04.2018.

8. The petitioner is a company incorporated under the Companies Act, 1956 and an authorized contract packer of M/s Hindustan Coco-Cola Beverages Private Limited. The petitioner, among other activities, is into the business of packaged drinking water in the State of Telangana. The petitioner under authorization from the Coco-Cola Company, USA and its bottler M/s Hindustan Coco-Cola Beverages Private Limited prepares packaged beverages in authorized containers under the trade mark of Coco-Cola Company and sells under Kinley brand name. It is the case of writ petitioner that the packaged commodity/Water Bottle is governed by the Act and the Rules.

9. The petitioner asserts that it is fully compliant of the laws of the land and for the purpose of this writ petition, the petitioner asserts that the packaged commodity conforms in letter and spirit to the requirements of the Act and the Rules. Stated in other words, the petitioner's activity viz., manufacture, package, distribution of Water Bottles at Pashamylaram, Patancheru is fully compliant with the requirements of law.

10. On 24.04.2018 at 04.30 P.M, the officers of Legal Metrology Department/Respondents inspected the petitioner's plant at Pashamylaram, Patancheru Mandal, Medak District and have informed the petitioner that the officers have come to verify the compliance status of the Act and the Rules by the petitioner company. The 3rd respondent collected samples of one and two litres Kinley Water Bottles. The 3rd respondent informed the alleged non-compliance of the requirement under Rule 6(2) of the Rules to the employees of petitioner company. The persuasion of employees of petitioner of due compliance of the requirement of Rule 6(2) of the Rules did not persuade the 3rd respondent. We prefer to advert to the alleged infraction complained against the petitioner and the requirement of Rule 6(2) of the Rules at appropriate stage of considerat