1. Whether charging prices in excess of MRP (Maximum Retail Price) printed on the label of Beer served to guests in a Bar Hotel, operating on the strength of an FL3 Licence issued by the Excise Department, will attract the penal provisions of the Legal Metrology (Packaged Commodities) Rules 2011, is the question that is to be answered in this petition filed under S.482 of the Code.

2. The prosecution case as is revealed from the complaint laid before the court below runs thus:

An inspection was conducted on 22.12.2011 by the second respondent in the premises of M/s Hotel Savoy Bar at Kozhikkode. He placed an order for 3 portions of 90 ml-MC Whisky, 1 portion of 90 ml -MC Brandy, one bottle of Beer, snacks and a soda and on his request a bill was issued for the same. Measurements were made in respect of Whisky and Brandy supplied to the complainant and the same revealed that it was in accord with the order placed. In respect of the beer purchased by the Senior Inspector, it was revealed that the accused had charged a sum of Rs. 85 /- instead of Rs.55/-, which was the MRP printed on the bottle in terms of Section 18 of the Legal Metrology Act, 2009. According to the complainant,