In what has come as a relief for the trading community, the Bombay High Court has held that only articles undergoing change or perceptible modifications require declaration under the Weights and Measures (Packaged Commodities) Rules, 1977.
“To fall within the expression of pre-packed commodity, the article must be placed in a package so that its predetermined quality cannot be altered or undergo perceptible modification without opening the package,” observed justice VK Tahilramani while quashing a complaint against Lawrence & Mayo last week.
The private firm engaged had moved the high court seeking quashing of a complaint lodged by SA Chaudhari, inspector of legal meteorology, with the Borivli metropolitan magistrate court.
On October 31, 2003, Chaudhari had visited Lawrence & Mayo premises in Kandivli and had seized several spectacles and goggles as the packages did not mention required declarations under the Weights and Measures Rules. A complaint was lodged under provisions of the Rules and the Packaged Commodities (Enforcement) Act, 1985.
The rules and the legislation mandated that every packed commodity carry a description, net quantity by weight, measure or number, name of the manufacture, price of the package etc. “The act and the rules are applicable to those commodities incapable of sale in any form other than packaged goods,” petitioner’s counsel Mohammed Akram Bastivi said.