O R D E R

The petitioner is the 7th accused in S.T.No.901 of 2017 on the file of the Judicial First Class Magistrate Court-IX, Ernakulam. The aforesaid case is registered on the basis of Annexure-A complaint submitted by the 2nd respondent herein against the petitioner and six others alleging that they have violated Section 9 (1) (a) of The Legal Metrology (Packaged Commodities) Rules, 2011 hereinafter referred to as Rules 2011 and Section 18 (1) of the Legal Metrology Act, 2009, and thereby committed the offence punishable under Rule 32(2) of the Rules 2011 and Section 36(1) of The Legal Metrology Act, 2009 (hereinafter referred to as the Act, 2009).

2. The facts of the case are as follows: the petitioner herein is the manufacturer of packaged drinking water and soft drinks. ‘AQUAFINA’ is a packaged drinking water manufactured and marketed by the petitioner. On 19.08.2016, the 2nd respondent visited the trade premises of M/s.PVR Cinemas, 4th floor, Oberon Mall, N.H.Bypass, Edapally and found certain violations of provisions of the Legal Meteorology Act and the Rules framed thereunder. Annexure-B is the Mahazar prepared at the time of such inspection. One of the allegations containe