IMPORTANT POINT
The judgment establishes the principle that the Legal Metrology Act does not apply to goods sold in duty free shops at international airports, beyond the customs frontiers of India, and emphasizes the importance of compliance with packaging regulations for consumer safety.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding in Case No. C- 163 of 2016 under Section 36(1) the Legal Metrology Act, 2009 read with Rule 32 (3) of the Legal Metrology (Packaged Commodities) Rules, 2011 pending before the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas, West Bengal.

2. The Petitioner No.1 is a company within the meaning of the provisions of the Companies Act, 2013 and engaged in the business of operation of Duty Free Shops to deal in Duty Free Goods at Netaji Subhash Chandra Bose International Airport, Kolkata and at other 9 airports and 6 seaports in India. The Petitioner No.2 is an erstwhile officer of the Petitioner No.1. The Petitioner No. 3 is presently employed with the petitioner no.1 at its office at NSCBI Airport, Kolkata.

3. Case no. C-163 of 2016, has been initiated on the basis of complaint filed by the opposite party before the Court of the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas, alleging commission of offences by the petitioners punishable under Section 36(1) the Legal Metrology Act, 2009 read with Rule 32 (3) of the Legal Metrology (Packaged Commodities) Rules, 2011.

4. The allegations leveled in the said petition of complaint are to the effect that:-

a) That the Complainant visited the retail premises of the petitioner no.1 on 30th October 2015 at N.S.C.B.I. Airport (S.H.A. International) PS N.S.C.B.I. Airport, Kolkata – 700 052, Security Hold Area, International Departure Zone and disclosed his identity to the petitioner no. 2 who was present there.

b) The Petitioner no.2 was asked to produce five numbers of group package of Marlboro cigarettes for inspection.

c) On inspection of the five packages produced by the petitioner no.2, the complainant detected deficiency/defects in the packages as follows:-

i. Name and address of the manufacturer, packer and importer was not mentioned in the package.

ii. Maximum Retail Price was not mentioned in the packages.

iii. Consumer Complaint Address was not mentioned in the packages.

d) The complainant seized the packages and kept the same in the official custody of the petitioner no.2 under Bond of Custody.

e) It is alleged that the use of the packages contravenes the provisions of Rule 6 (i) (a) and (e), Rule 6 (2), Rule 18 (i) of the Legal Metrology (Packaged Commodities) Rules, 2011 read with Sections 1 and 18 (1) the Legal Metrology Act, 2009 and punishable under Section 36 (1) the Legal Metrology Act, 2009 read with Rule 32(3) of the Legal Metrology (Packaged Commodities) Rules, 2011.

5. The discharge application filed by the petitioners was dismissed by the trial Court vide order dated 05.11.2018 without recording any reason on the merits of the application and on the ground that the proceedings cannot be dropped at the stage of plea.

6. Hence the revision.

7. It is stated by the petitioners that upon a perusal of the afore-mentioned complaint, it would transpire that the instant case is based on the allegation that the packages sold by the Petitioner No. 1 at the duty free shops situated in the International Airport, contravenes the provisions of Rule 6 (i) (a) and (e), Rule 6 (2), Rule 18 (i) of the Legal Metrology (Packaged Commodities) Rules, 2011 read with Sections 1 and 18(1) the Legal Metrology Act, 2009. These offences are punishable under Section 36 (i) of the Legal Metrology Act, 2009 read with Rule 32(3) of the Legal Metrology (Packaged Commodities) Rules, 2011.

8. It is also stated that the Petitioner No. 1 has been granted the necessary approvals by the Foreign Investment Promotion Board to carry on the business of duty free shops all over India.

9. The Petitioner No.1 operates a Duty-free Shop at the Netaji Subhash Chandra Bose International Airport for which it has signed a license agreement with the Airport Authority of India.

10. The petitioner No. 1 has been granted License by the jurisdictional Commissioner of Custo