Retail package declarations apply to goods seized from retail outlets; industrial consumer exemption does not extend to such stock.

Packages seized from a retail outlet were treated as retail packages because they were intended for sale to ultimate consumers, so the declaration requirements under Rule 6 and Rule 6(1A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 applied. The industrial and institutional consumer exemption was held inapplicable because that carve-out operates where packaged commodities are bought directly from manufacturers or packers for industrial use. On that reasoning, the challenge to the proceedings failed and quashing was refused.

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Issues: Whether the declarations required under Rule 6 and Rule 6(1A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 were inapplicable to packages seized from a retail shop on the ground that the goods were ultimately intended for industrial consumers.

Analysis: Rule 2(p) defines a retail package as one intended for retail sale to the ultimate consumer, while the proviso excludes industrial and institutional consumers. Rule 2A and Rule 3 show that the chapter applies to packages intended for retail sale and that the exemption for industrial consumers operates only where packaged commodities are bought directly from manufacturers or packers for use in industry. Since the packages were seized from a retail outlet, they were prima facie meant for retail sale, and the industrial-consumer exemption did not apply.

Conclusion: Rule 6 and Rule 6(1A) were applicable, and the request to quash the proceedings was rejected.

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