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P. V. KUNHIKRISHNAN
Hindustan Coca Cola Beverages (P) Ltd. – Appellant
Versus
Controller Of Legal Metrology – Respondent
ORDER :
The petitioners are the accused Nos.7 and 8 in S.T No.430/2017 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. It is a prosecution initiated against the petitioners and others, alleging offences punishable under Sections 11 (1)(b), 11 (1)(e) of the Legal Metrology Act, 2009 (for short, Act 2009) and also under Rule 10 of the Kerala Legal Metrology (Enforcement) Rules, 2012 (for short, Enforcement Rules), which are punishable under Section 29 of the Act 2009 and Rule 26 of the Enforcement Rules. It is also alleged that, there is violation of Rule 9(1)(a) of Legal Metrology (Packaged Commodities) Rule, 2011 (for short Rule 2011), Section 18(1) of Act 2009 which is punishable under Rule 32(2) and Section 36(1) of the Act 2009.
2. The Senior Inspector, Legal Metrology, Ernakulam, inspected the trade premises of M/s Cinepolis, functioning in Building No.66/6284/B-11 of Cochin Corporation and detected the following offences:
2. The firm had sold commodities named "CHOCALATE SHAKE" (semi solid in nature)
Prosecution for violations of the Legal Metrology Act is unwarranted if the packaging complies with the standards of legibility and prominence.
Any descriptions on the pre-packaged commodity would come under the definition of ‘label’, and the said expression is not included in Rule 31(2).
Directors of a logistics company cannot be prosecuted under the Legal Metrology Act without the company being made an accused, as they are not involved in manufacturing or labeling.
Point of law : Police Officer cannot submit a report under Section 173 of Cr.P.C. in regard to an offence under Section 32 of the Drugs and Cosmetics ActA police officer is not specially trained to i....
Allegations do not satisfy requirement of Sub-Rule 1 of Rule 18, hence question of raising same as a defense would not at all arise.
Section 2(f) of Act, defines term 'label' means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity."
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