Protective packaging alone does not make watches pre-packed commodities under weights and measures law.

Watches displayed in outer cases, boxes or covers used only for protection, storage, transport and display were not pre-packed commodities under the Standards of Weights and Measures Act, 1976 and the Packaged Commodities Rules, 1977. The statutory scheme applies where a commodity is placed in a package before the purchaser is present and the package contains a product whose value or nature is not altered without opening it or causing a perceptible modification. Because the watches were removed for inspection and sale, and opening the boxes did not change their value or nature, the provisions did not apply.

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Issues: Whether watches displayed and sold by the petitioner in outer cases, boxes or covers for protection during storage, transport and display, but removed for inspection and sale, constituted a pre-packed commodity under the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

Analysis: Section 2(b) of the Standards of Weights and Measures Act, 1976 and Rule 2(1) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 show that the statutory focus is on a commodity placed in a package of whatever nature before the purchaser is present, where the package contains a product with a pre-determined value that cannot be altered without opening the package or undergoing a perceptible modification. The definition is attracted only where the commodity, by its very nature, requires packaging before sale or where opening the package does not affect value only in the limited class covered by the explanation. Packaging used merely for safety, storage, transport, dust protection or display does not convert the commodity into a pre-packed commodity. Watches, on the facts found, were removed from their boxes for display and inspection, and their value or nature did not change on opening.

Conclusion: Watches sold in this manner were not pre-packed commodities, and the statutory provisions did not apply to them.

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