AMAR TEA PVT LTD vs THE STATE GOVT OF NCT OF DELHI & ANR

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:6th February, 2025 + CRL.M.C. 137/2018, CRL.M.A. 593/2018 (stay) M/s AMAR TEA PVT. LTD. Through AR Mr. Juzar Saifuddin Bohra .....Petitioner Through: Counsel for Petitioner (appearance not given). versus 1. THE STATE GOVT OF NCT. OF DELHI ....Respondent No.1 2. INSPECTOR LEGAL METROLOGY WEIGHTS & MEASURES DEPARTMENT, GOVT. OF NCT. OF DELHI ....Respondent No.2 Through: Mr. Shoaib Haider, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.‟) has been filed on behalf of the Petitioner/Amar Tea Pvt. Ltd. for quashing of Summoning Order dated 31.07.2010 in C.C. No. 2593-2594/2010 under Section 39 and 63 of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as „SWM Act‟ 1976) and all proceedings emanating therefrom. 2. It is submitted that the Petitioner is a Private Limited Company registered under Companies Act having its Registered Office at Mumbai, having its business in the field of manufacturing and marketing of Tea and Signature Not Verified DigitallySigned By:SAHIL SHARMA CRL.M.C. 137/2018 Page 1 of 6 Signing Date:13.02.2025 06:02:28 allied Products under the trademark “Society Tea”. 3. It is submitted that as per the Respondent No. 2, an inspection was conducted on the premises of M/s Jain Sales Co., 254/6C, Bhola Natha Nagar, Shahdara, Delhi-110032 on 29.03.2010 and a packet of Tea under the brand of Amar Tea weighing 250 grams, was seized. It was found that no customer care number was mentioned and the date of packaging was hand written as 3/10, on the packet. It was further alleged that the name of the Company of the Petitioner, M/s