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2020 Supreme(Kar) 2159

SURAJ GOVINDARAJ
Studds Accessories Limited Office – Appellant
Versus
State Of Karnataka Represented By The Inspector Legal Metrology Department Inspection Squad-II – Respondent


Advocate Appeared:
For the Petitioner:Sri. Prasanna Chari K. B. & Sri. Mohammed Shakeeb, Advocates
For the Respondent: Sri. K. Nageshwarappa, Hcgp

ORDER :

1. The Petitioner is before this Court seeking:

    1.1. Quashing the compounding notice and all further proceedings vide ANNEXURE C bearing Case No./Seizure No.0691550 dated 28.01.2020 initiated by the Respondent for offences punishable under Sections 36 of the Legal Metrology Act, 2009.

1.2. Direct the Respondent not to conduct any further raids or seizures in relation to the Petitioner’s products for the offences mentioned in Annexure C hereto;

1.3. Direct the Respondent to compensate the Petitioner for the costs incurred on account of the illegal and unjust seizure;

1.4. Pass such other orders or directions as the Court may deem fit in the circumstances of the case.

Averments in the Petition:

2. It is averred in the Petition that:

    2.1. Petitioner No.1 – M/s.Studds Accessories Limited is a highly reputed and world’s largest (in terms of volume) manufacturer of motorcycle Safety Accessories (Helmets, Visors etc.) under the brand name “Studds”. Petitioner No.2 is its distributor and Petitioner No.3 is its retailer.

2.2. In terms of Section 18 of the Legal Metrology Act (for short, ‘LM Act’) read with Rule 2(h) and Rule 8 of the Legal Metrology (Packaged Commodities) Rules, 2011 (for s

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