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august 2011

Supreme Court of India · 2011-08-26

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY MINISTRY OF FOOD CIVIL SUPPLIES AND CONSUMER PROTECTI vs SUBHASH ARJUNDAS KATARIA. M/S. LIBERTY OPTICS AND EXPORTS AS SOLE PROPRIETOR

Citation / case number
SC 2007/13826
Court
Supreme Court of India
Petitioner
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY MINISTRY OF FOOD CIVIL SUPPLIES AND CONSUMER PROTECTI
Respondent
SUBHASH ARJUNDAS KATARIA. M/S. LIBERTY OPTICS AND EXPORTS AS SOLE PROPRIETOR
Author
P. Sathasivam
Bench
P. SATHASIVAM,H.L. GOKHALE, , ,

Judgment text excerpt

The Supreme Court examined the definition 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 sun glasses do not qualify as a 'pre-packed commodity' since their value and suitability are determined by the customer upon inspection, and they are not sold in a packed form without unpacking. Consequently, the High Court's decision to quash the seizure memo and compounding fee was upheld, affirming the respondent's position.

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY MINISTRY OF FOOD CIVIL SUPPLIES AND CONSUMER PROTECTI vs SUBHASH ARJUNDAS KATARIA. M/S. LIBERTY OPTICS AND EXPORTS AS SOLE PROPRIETOR · Niyam