JUDGMENT - CHITRE J.G., J.:---The petitioner is hereby assailing the process issued against him in respect of a complaint made by Shri Patil T.K., Inspector of Legal Metrology, 72, Moreshwar, Patankar Marg, Pipe Road, Kurla, Mumbai in respect of violation of provisions of section 39 of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as "the Act" for convenience) and Rule 23(1) of the Standards of Weights Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as "Rules" for convenience).

2. Shri T.K. Patil filed a complaint in the Court of Metropolitan Magistrate Room No. 31, Vikhroli, Mumbai alleging that the petitioner did not mention the date of manufacture of "Birla White Portland Cement" though the net weight, week and year of manufacture, maximum retail price (inclusive of all taxes) was printed on the package.

3. For the petitioner Shri Shah submitted that if the provisions of section 39 of the Act and Rule 23(1) of the Rules read with Rule 6(1) are perused carefully, there is no obligation on the part of the manufacturer or wholesaler or retailer to mention the date of manufacture on such packages or bags. Shri Saste appearing for the S

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