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2021 Supreme(Ker) 1059

ZIYAD RAHMAN A.A.
Pepsico India Holdings Private Limited – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. M. Gopikrishnan Nambiar, Sri. Rajesh Batra, Sri. P. Gopinath, Sri. P. Benny Thomas, Sri. K. John Mathai.
For the Respondent: PP-Sri. Aravind V. Mathew, Public Prosecutor.

ORDER :

The petitioner is the 1st accused in S.T.No.1507 of 2014 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The aforesaid case was registered against the petitioner and its directors, who are accused Nos.A2 to A16 in the aforesaid complaint for the offences punishable under Section 36(1) of the Legal Metrology Act, 2009 (hereinafter called Act, 2009) read with Rules 32(1) and 32(3) of Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter called Rules, 2011). The allegations raised against the petitioner and its directors were pertaining to certain discrepancies found on the packages of soft drinks manufactured by the petitioner company, namely, MIRINDA and 7 UP.

2. The prosecution case is as follows: During the course of inspection conducted by the 2nd respondent, on 30.08.2013 at 1.10 pm in the trade premises of Best Bakery, T.C.No.31/1022/6, Pettah P.O, Thiruvananthapuram, it was found that certain pre-packaged commodities kept for sale, were not packed in compliance with the stipulations contained in Act, 2009 and the Rules, 2011. On the basis of the same, a complaint was submitted and based on the said complaint, the learned Magis

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