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august 2011

Supreme Court of India · 2011-08-26

State Of Maharashtra & Ors vs Subhash Arjundas Kataria

Citation / case number
AIR 2011 SC (SUPP) 54
Court
Supreme Court of India
Petitioner
State Of Maharashtra & Ors
Respondent
Subhash Arjundas Kataria
Author
P. Sathasivam
Bench
H.L. Gokhale, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed the interpretation of 'commodity in packaged form' under Section 2(b) of the Standards of Weights and Measures Act, 1976, and Rule 2(l) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The Court held that sunglasses do not qualify as 'pre-packed commodities' since they must be tested by customers before purchase, thus not sold in a packaged condition without opening. The High Court's decision to quash the seizure memo and compounding fee was upheld, affirming that the respondent's sunglasses were not subject to the provisions of the Act and Rules.

State Of Maharashtra & Ors vs Subhash Arjundas Kataria · Niyam