Pre-packed commodity rules apply by objective package description, not dealer intent, even for opened display goods and single-unit packs.

Commodities packed without the purchaser being present remain "pre-packed commodities" if they satisfy the statutory definitions, even when opened later for display, inspection or testing before sale. The applicability of the packaging and declaration regime turns on the objective nature of the package, not on the subjective intention of the manufacturer, dealer or retailer. Single-unit packages and commodities covered by the Third and Fifth Schedules also continue to attract quantity and retail price declarations, including categories such as ready-made garments and similar scheduled goods. The statutory scheme was therefore treated as applying to the disputed commodities, and the contrary view was rejected.

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Issues: (i) Whether commodities packed without the purchaser being present, including refrigerators, electronic goods and similar items sold after opening the package, fall within the expressions "commodity in packaged form" and "pre-packed commodity" under the Standards of Weights and Measures regime; (ii) Whether the intention of the manufacturer or dealer to sell goods after inspection or display excludes the application of the packaging and declaration requirements; (iii) Whether commodities sold in a single unit or covered by the Third and Fifth Schedules continue to attract the statutory declarations and pricing requirements.

Issue (i): Whether commodities packed without the purchaser being present, including refrigerators, electronic goods and similar items sold after opening the package, fall within the expressions "commodity in packaged form" and "pre-packed commodity" under the Standards of Weights and Measures regime.

Analysis: The relevant definitions and rules were construed together. A commodity placed in a package without the purchaser being present, having a predetermined value, and intended to be dealt with in the course of trade remains a pre-packed commodity even if the package is opened later at the retail point. The package is the focus of the statutory scheme, and the declarations required on the package are meant to inform the consumer of the identity, quantity, number and price before purchase. The Court rejected the view that commodities such as refrigerators or electronic appliances cease to be packaged commodities merely because they are opened for display, inspection or testing before final sale.

Conclusion: Such commodities do fall within the statutory expression and are subject to the packaging and declaration requirements.

Issue (ii): Whether the intention of the manufacturer or dealer to sell goods after inspection or display excludes the application of the packaging and declaration requirements.

Analysis: The scheme was held to be consumer-oriented, and its operation depends on the statutory definitions and the nature of the package, not on the subjective intention of the manufacturer, packer or retailer. The Court held that the relevant enquiry is whether the commodity answers the statutory description; if it does, the obligations under the Act and the Rules apply irrespective of whether the goods are displayed, inspected or handled before sale.

Conclusion: The intention of the manufacturer or dealer is irrelevant where the commodity otherwise satisfies the statutory definitions.

Issue (iii): Whether commodities sold in a single unit or covered by the Third and Fifth Schedules continue to attract the statutory declarations and pricing requirements.

Analysis: The Court held that packing by number includes a package containing even one unit, and the relevant schedule provisions do not cease to apply merely because the package contains a single article. The Rules also specifically contemplate categories such as ready-made garments and other scheduled commodities, reinforcing the application of the declaration regime. Rule 23 was relied on to hold that retail sale price declarations protect consumers and that price changes are regulated only in the manner permitted by the Rules. The challenge that such commodities fall outside the statutory framework was therefore rejected.

Conclusion: Single-unit packages and scheduled commodities remain subject to the statutory regime, including quantity and price declarations.

Final Conclusion: The statutory scheme was held applicable to the disputed commodities, the contrary view of the learned Single Judge was set aside, and the challenges to the enforcement action were rejected, subject to the limited closure of one petition on factual grounds.

Ratio Decidendi: A commodity packed without the purchaser being present is governed by the packaged commodities regime if it satisfies the statutory definition, and the applicability of the Act and Rules depends on the objective statutory description of the package, not on the manufacturer's subjective intention or on whether the goods are later opened for inspection or display.

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