IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33195 OF 2016 (GM-RES)

BETWEEN:

M/S PERNOD RICARD INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT

1956 AND HAVING ITS REGISTERED OFFICE AT 104, ASHOKA ESTATE, BARAKHAMBA ROAD, NEW DELHI - 110 001 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR.P.SRINIVAS.

…PETITIONER (BY SRI. P CHINNAPPA.,ADVOCATE)

AND:

1. UNION OF INDIA REPRESENTED BY SECRETARY, LEGAL METROLOGY DIVISION, Digitally signed by MINISTRY OF CONSUMER AFFAIRS, SUMA B N FOOD AND PUBLIC DISTRIBUTION, Location:

DEPARTMENT OF CONSUMER AFFAIRS, HIGH COURT OF KRISHI BHAWAN, KARNATAKA NEW DELHI - 110 114.

2. CONTROLLER OF LEGAL METROLOGY BENGALURU AND APPELLATE AUTHORITY, DEPARTMENT OF LEGAL METROLOGY, GOVERMENT OF KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU - 560 052.

3. THE DIRECTOR LEGAL METROLOGY, DEPARTMENT OF CONSUMER AFFAIRS, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTUION, GOVERNMENT OF INDIA, KRISHI BHAWAN, NEW DELHI - 110 114.

4. THE INSPECTOR OF LEGAL METROLOGY FLYING SUAD -1, DEPARTMENT OF LEGA METROLOGY, GOVERNMENT OF KARNATAKA, NO.1, ALI ASKER ROAD, NEAR RAJ BHAVAN, CUNNINGHAM ROAD, BENGALURU - 560 052.

5. THE EXCISE COMMISIONER STATE EXCISE DEPARTMENT, GOVERNMENT OF KARNATAKA, 2^ND FLOOR, TTMC BUILDING, A BLOCK, BMTC, KH ROAD, SHANTHINAGARA, BENGALURU - 560 027.

6. KARNATAKA STATE BEVERAGES CORPORATION LTD., 4^TH FLOOR, TTMC BUILDING, "A" BLOCK, BMTC, KH ROAD, SHANTHINAGARA, BENGALURU - 50 027 REPRESENTED BY ITS DIRECTOR.

…RESPONDENTS (BY SRI. H. JAYAKARA SHETTY., ADVOCATE FOR R1 & R3;

SMT. B.P. RADHA, AGA FOR R2, R4 & R5; SRI. MADHU N. RAO., ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS QUASH THE IMPUGNED ORDER DATED 23.05.2016 PASSED BY THE R-2 VIDE ANNEX-A. CONSEQUENTLY QUASH THE FINAL NOTICE DATED 17.04.2015 [TYPED AS 17.5.2015] VIDE ANNEX-B AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner is before this Court seeking following reliefs:

''(a) Quashing the Impugned Order dated 23.05.2016 passed in Appeal No.CR-18/2015-16 by the Respondent No.2 (Annexure 'A');

(b) Consequently quashing the Final Notice dated 17.04.2015 [(typed as 17.05.2015). bearing No. ILM/FS-1/PRO/11/14-15]

(Annexure 'B');

(c) Consequently quashing the Notice dated 16.02.2015 [bearing No. ILM/FS 1/PRO/117/14-15] (Annexure 'C');

(d) Consequently quashing the Final Notice dated 07.02.2015 [bearing No. ILM/FS-1/PRO/113/14-15] (Annexure 'D');

(e) Consequently quashing the Seizure Memo dated 06.12.2014 bearing no.2534 (Annexure 'E");

(f) Declaring that the labels which are approved by the Respondent No. 6 in accordance with the Karnataka Excise (Bottling of Liquor) Rules, 1967 read with the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1967 read with Karnataka Excise Act, 1965 and other local excise laws; which are placed on the Petitioner's bottles containing spirituous liquor or alcoholic beverages, depicting the 'maximum retail price' and 'net quantity, are not in contravention of the Legal Metrology Act, 2009 read with Legal Metrology (Packaged Commodity) Rules, 2011 and other metrology laws, and that the said labels are in accordance with law;

(g) Awarding costs;

(h) Granting such other reliefs as this Hon'ble High Court may deem fit in the interests of justice and equity.''

2. Brief facts of the case are that the respondent No.4-

Inspector of Legal Metrology, Flying Squad-1, Bengaluru had apparently visited the premises of M/s. Karnataka State Beverage Corporation Ltd., (KSBCL) (Liquor Division) and found 1200 quantity of imported whiskey bottles (Net quantity 50 ML each) of 'Chivas Regal' 12 years whiskey and on which sale price declaration and net quantity were not in accordance with Rules and were violative of Se