BHP in motor vehicle ads did not breach weights and measures law; notices were unsustainable.

Use of "horse power" or "BHP" in a motor vehicle advertisement was found not to violate the Standards of Weights and Measures framework. The court read the 1976 Act, the 1985 Enforcement Act and the 1988 Rules together and noted that motor vehicles are not sold by weight, measure or number in the sense contemplated by that legislation. It also observed that vehicle specifications are commonly expressed in horse power under the Motor Vehicles Act forms, and that the conversion and standard-units provisions could not be used to create criminal liability without a clear offence. The notices issued were therefore unsustainable.

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Issues: Whether use of "horse power" or "BHP" in an advertisement for a motor vehicle violates the Standards of Weights and Measures Act, 1976, the Standards of Weights and Measures (Enforcement) Act, 1985, or the Standards of Weights and Measures (National Standards) Rules, 1988.

Analysis: The statutory scheme was examined in the context of motor vehicle advertisements and the use of engine-power descriptors. The relevant provisions of the 1976 Act and the 1985 Enforcement Act were read together with the National Standards Rules. The Court noted that motor vehicles are not sold by weight, measure, or number in the sense contemplated by the enforcement legislation, that the Motor Vehicles Act and its forms consistently use "horse power" or "B.H.P.", and that the common understanding of vehicle power is expressed in horse power rather than watts. The Court further held that the conversion provisions and standard-units framework under the 1976 Act could not be imported to create criminal liability under the 1985 Act in the absence of a clear and specific offence.

Conclusion: Mention of BHP in the advertisement did not constitute a violation of the statutory provisions invoked, and the notices issued against the petitioners were unsustainable.

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