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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
Hindustan Latex Ltd – Appellant
Versus
The Assistant Controller, Legal Metrology Department – Respondent
JUDGMENT :
The writ petition is preferred by a Government of India undertaking, involved in the production of blood bags, Cu-T etc. The grievance voiced in the writ petition is with respect to the decision taken by the 3rd respondent to calibrate the tanks installed in the premises of the petitioner in view of Sections 24(1) and (2) and 3(j) of the Standards of Weights and Measures (Enforcement) Act,1985 ( for short, the ‘Enforcement Act’) and Section 2(z) of the Standards of Weights and Measures Act, 1976 (For short, ‘the Act 1976’).
2. It is the case of the petitioner that, the petitioner had installed a storage tank having capacity of 20,000 liters for the purpose of storing the furnace oil in their factory in 1995. Two storage tanks for storing High Speed Diesel having a capacity of 10,000 litres and 8,000 litres were installed in the year 2001. It is further stated that, the petitioner is using the furnace oil and High Speed Diesel stored in the tanks mentioned above only as fuel in the Boiler and DG sets, which are not raw material for the production of blood bags and Cu-T, the products manufactured by the petitioner. The petitioner is not involved in the selling of the furnace
The verification provisions of the Standards of Weights and Measures Acts apply only to weights or measures used in commercial transactions, not for internal fuel storage.
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The specific roles and responsibilities of individuals within a company must be clearly established to hold them liable for violations under the SWM rules.
The absence of prescribed units for electricity in the relevant rules prohibits mandatory verification of electricity meters, thus justifying dismissal of cognizance.
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