Statutory notification requirement defeated proceedings against watches under the packaged commodities regime for lack of jurisdiction.

Proceedings for alleged contravention of packaged commodities rules against watches could not be sustained because the Standards of Weights and Measures Act, 1976 applies to a class of goods only when the Central Government issues the requisite notification under Section 1(3)(d). In the absence of a specific notification bringing watches within the statutory regime, the authorities had no jurisdictional to invoke the Act and Rules. The alleged contravention therefore lacked statutory foundation, and the consequential proceedings were quashed.

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Issues: Whether proceedings for alleged contravention of the packaged commodities rules could be initiated against watches in the absence of a notification under Section 1(3)(d) of the Standards of Weights and Measures Act, 1976 bringing such goods within the Act.

Analysis: The Act applies to areas, classes of undertakings, classes of goods, and classes of users only when the Central Government issues the requisite notification. The scheme of Section 1(3) shows that mere applicability of the Act in general does not automatically extend to every commodity. In the absence of a specific notification covering watches, the authorities lacked the statutory basis to invoke the Act and Rules against the petitioner. The alleged contravention and the consequential proceedings could not be sustained.

Conclusion: The proceedings were without jurisdiction and were quashed, with relief granted in favour of the petitioner.

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