ORDER

The manufacturer and the Directors of the fruit-based beverage popularly known as ‘FROOTI’ are facing prosecution for alleged violation of the provisions of the Legal Metrology Act, 2009 (for short ‘the Act’) and the Legal Metrology (Packaged Commodities) Rules, 2011 (for short ‘the Rules’). Petitioners have invoked the jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'), challenging the complaint filed by the Inspector of Legal Metrology.

2. On 03.03.2014, the first respondent purchased a 1.5-

litre pre-packed plastic bottled fruit-based beverage called ‘FROOTI’. On the next day, he issued a notice to the manufacturer, alleging that the product manufactured by them violated the provisions of rule 8(2) as well as rule 31(2) of the Rules. The reason alleged was that as a bottle not intended to be refilled, the product purchased by him did not contain the retail sale price printed on the ‘principal display panel’ and also that the font size of the declaration of MRP was not the same as that of the net quantity declaration and hence punishable under section 36(1) of the Act.

3. Immediately, a reply notice was issued on beha