The use of additional words on the label did not constitute a violation of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2016. The complaint was also barred by the period of limitation.

JUDGMENT :

S.K. AWASTHI, J.

1. The petitioners have invoked the extraordinary jurisdiction of this Court Section 482 of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) seeking quashment of proceedings in Criminal Case No. 381/2013 pending before the Judicial Magistrate First Class, Nagda, District Ujjain (MP) in furtherance of Crime No. 34/2012-13 registered at Department of Legal Metrology, Weights and Measurement Inspector (Mr. P.S. Barapatra), Badnagar, District Ujjain (MP) and order dated 20.05.2013, whereby cognizance has been taken against the petitioners for offence punishable under Section 18 of the Legal Metrology Act, 2009 read with Rule 11(2) of the Legal Metrology (Packaged Commodities) Rules, 2011 as amended by (Amendment) Rules, 2016.

2. The facts leading to filing of the instant petition are that the petitioners have launched some farmer friendly initiatives like e-Choupal. Through this initiative, it has made available to farmers in remote villages various goods and services at affordable rates and provides an easy access to markets for their agricultural goods. This e-Choupal is called Choupal Sagar/Farmer Facility Centres, so that the living standard of farmers be improved.

3. The petitioners have obtained necessary license for dealing in food products under the Prevention of Food Adulteration Act, 1954. On 16.07.2012, respondent-Legal Metrology Inspector, Badnagar, District Ujjain (MP) visited Choupal Sagar situated at Ingoria Road, Nagda, District Ujjain (MP) where the respondent took samples of two sealed packages of “Gagan Toor Dar” 5 Kilograms (when packed), Batch No. 102, packed on 27.06.2012, MRP Rs. 500.00/- letha 82 Packed on 07.05.2012 MRP Rs. 400.00/- manufactured by Padam International, 23, Mangal Udyog Nagar, Indore (MP).

4. The petitioners received letter dated 13.08.2012 and 03.10.2012 from the respondent thereby alleging that the aforesaid seized packet of Toor Dal was not in accordance with the provisions of the Legal Metrology Act, 2009 and the petitioners have violated the provisions envisaged under Section 18 of the Legal Metrology Act, 2009 read with Rule 11 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 and have also called the petitioners to furnish the details for the original bill of purchase of the said product, list of Directors of the Company and the Memorandum of Articles and Association of the Company. The petitioners vide its letter dated 04.09.2012 provided alleged information to the respondent being sought vide letter dated 13.08.2012.

5. Vide letter dated 15.10.2012, the petitioners submitted detailed reply to the notices dated 13.08.2012 and 03.10.2012 in which it was clearly mentioned that there is no violation of Section 18 of the Legal Metrology Act, 2009, because the provisions of said section can only be invoked when the declaration and particulars are not printed on the labels/ packages in the manner prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011. Any additional words printed on the label do not constitute violation of Section 18 of the Legal Metrology Act, 2009. The alleged violation was not relating to any declaration or particulars not being present on the package and was relating to use of additional words, thus, there was no illegality in the same. The requirement in the III Schedule for using words “when packed” was in reference to the goods on which words “when packed” have to be mandatorily used. However, use on the said words for other commodities do not violate the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011. As per Rule 19 Legal Metrology (Packaged Commodities) Rules, 2011, any inspection of labels shall be done at the premises of the manufacturer/packer. However, as the ITC Limited was neither the manufacturer nor the packer, no inspection for the same could be carried out in the premises of the company. Further as per Rule 6(4) of the Legal Metrology (Packaged Commodities)