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2009 Supreme(Ker) 386

C.T.RAVIKUMAR
Kedar Apte – Appellant
Versus
Inspector, Legal Metrology – Respondent


Advocates Appeared:For the Petitioner:Sunny Mathew, T.D. Rajalakshmi, Advocates. For the Respondent: P.K. Muhammed Puzhakkara, Public Prosecutor.

Judgment :

The Petitioner is the 2nd accused in S.T. No.1421/05 on file of the Judicial First Class Magistrate Court, Changanacherry. He is sought to be prosecuted on the allegations that M/s. Hindustan Lever Limited had committed the offence of violation of R.12(6) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 ( herein after referred for short 'Rules' only) and that he was its Sales & Customer Manager. The above Crl. M.C. has been filed with the prayer to quash Annexuere-A2 complaint in S.T. 1421/05 on the file of the Judicial First Class Magistrate Court, Changanacherry. The brief facts of the case are as follows:-

2. On 19.11.04, the Inspector of Legal Metrology, Changanacherry, the 1st Respondent, inspected the premises of M/s. S.V. Pai and Brothers, Changanacherry and seized three packages containing Huggies-Nappi pads (with Leak Lock Tape) on the ground

that it did not contain the mandatory declarations as envisaged under R.12(6) of the Rules and hence, violated the Rules and S.39 of the Standards of Weights and Measures Act, for short 'the Act' only. Annexure-A1 show cause notice was then issued by the 1st respondent and thereafter Annexure-A2 co





















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