( 1 ) IN these petitions under Art. 226 of the Constitution the petitioners have sought for a declaration that S. 39 of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as the Act and Rules 1 (3), 2 (s), 4, 6 and 23 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as the Rules) are void and unenforceable. They have also sought for certain other incidental reliefs.

( 2 ) THE petitioners claim to be engaged in the business of selling various commodities who have factories in various parts of the country. Various goods are manufactured by them with the intention of selling them throughout India. The grounds upon which the various provisions of the Act and the Rules are challenged are as follows : (I) That S. 39 of the Act being applicable to only inter-State trade and commerce has no application to sales effected by the petitioners which are inter-State transactions. (ii) Rules 6 and 23 are unreasonable restrictions on the fundamental rights under Art. 19 (1) (g) of the Constitution and they are also violative of the guarantee envisaged in Art. 301 of the Constitution. (iii) That the Act se