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2015 Supreme(Del) 3223

J.R.MIDHA
JOHNSON & JOHNSON LTD – Appellant
Versus
WEIGHTS & MEASURES DEPARTMENT – Respondent


Advocates:
Advocate Appeared:
Mr. Vivek Sharma, Mr. Akhil Sachar, Ms. Mamta Gautam and Ms. Prabjot Kaur Chhabra, Advs.
Mr. Varun Goswami, APP for the State with Mr. Rajesh Singh, Adv. for Weights &Measures Dept. Ms.Vijaya Singh, Adv. for Mr.Abhishek Saket, Adv. for R-2 Mr. Umesh Kumar, LMO

JUDGMENT


1. The petitioner has challenged the summoning order dated 6th July, 2011 passed by the learned Metropolitan Magistrate in a complaint under Sections 39/63 of the Standards of Weights and Measures Act, 1976. The petitioner is also seeking quashing of the criminal complaint No.CC 389/1W/11.

2. On 26th February, 2011, the Inspector, Legal Metrology visited the shop of GKB Lens Pvt. Ltd. at Saket and found packets of contact lenses imported and marketed by the petitioner on which the printed Maximum Retail Price (MRP) was deleted with a permanent marker in black colour and the price of Rs.1400/- was over-written. The Inspector, Legal Metrology prepared an inspection report/ memo in which he noted the violation of MRP and overcharge of the price.

3. On 18th April, 2011, the Inspector Legal Metrology issued a notice to GKB Lens Pvt. Ltd. as well as the petitioner to notify the breach of Sections 33/39 of the Standards of Weight and Measures (Enforcement) Act, 1985 punishable under Sections 51/63 of the said Act. It was notified that the offence was compoundable under Section 65 upon payment of fine and the accused could approach the office for compounding.

4. On 26th April, 2011



























































































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