AIR 2007 BOMBAY 76 ::2007 (3) ALJ (NOC) 495 (BOM.) = AIR 2007 BOMBAY 76 ::2007 (1) AIR Bom R 325 ::2007 (3) AKAR (NOC) 374 (BOM.) = AIR 2007 BOMBAY 76 ::2007 (3) AIR Kar R 374 ::2007 (3) Civ LJ 93 ::(2007) 3 AllMR 195 (BOM) ::2007 (3) All MR 195 ::2007 (2) BomCR 824 ::2007 (1) Mah LJ 654 ::2007 (2) FAC 91 ::(2007) 54 AllIndCas 749 (BOM) ::2007 (54) AllIndCas 749

Bombay High Court

Hon'ble Judge(s): F. I. Rebello, Anoop V. Mohta , JJ

(A) Standards Of Weights And Measures Act (60 of 1976) S. 2 (3)(d) — Standards of Weights and Measures (Packaged Commodities) Rules (1977), Rr 2(x), 29 — Wholesale package — What is — Package or container used for convenience or for safety of goods contained in wholesale or retail package is secondary package — It cannot be described as wholesale package {" For the package to be treated as a wholesale package the package must not be a secondary package, in other words a container for the convenience or safety of the goods contained in the wholesale or retail package. The secondary outer packing for transportation and/or for safety of the goods being transported or delivered cannot be described as a wholesale package. It is only the wholesale package containing the product inside and not the secondary package like the outer wrapper, or boxes or gunny bags for safety or transport which can be said to be a wholesale secondary package. Therefore, in the instant case insofar as the packages containing Minto-fresh, Badam Halwa etc. as also gunny sacks of wheat atta cannot be said to be wholesale package. (Para 5) "}

(B) Standards Of Weights And Measures Act (60 of 1976) S. 1 (3), 2(3)(d) — Standards of Weights and Measures (Packaged Commodities) Rules (1977), R 2A — Applicability of provisions of Act — Notification for that purpose — No need for different notifications specifying different dates for different provisions of Act to be brought into force for various areas or class of commodities — Consequently specific notification in respect of packed commodity like agarbatti not necessary 2006 (4) AIR Bom R 570, Rel on (Para 4)

(C) Constitution of India Art. 226 — Disputed question of fact — Seizure of packed commodities like agarbattis — Ground of violation of provisions of Standards of Weights and Measures Act (60 of 1976) by making alteration of retail sale price on the package — On package MRP was printed as Rs 30/- but on label affixed on package the price was shown as Rs 35 00 — Explanation given by petitioner was that it was done by manufacturer — Issue required investigation of facts — It cannot be decided by Court in exercise of powers under Art 226 Standards of Weights and Measures Act (60 of 1976), S 2(3)(d) (Para 3)