2009 (12) TMI 423

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....ounsel appearing for the appellants argues at length that the instrument in question uses the method of measuring the light for determining pollution content on work surfaces and in liquids. He states that the 'Uni-Lite XCEL' is a luminometer which works in conjunction with Biotrace reagents. Biotrace reagents detect ATP (Adenosine Triphosphate) a chemical found in all cells including bacteria, yeast and mold. When the firefly enzyme luciferace, combines with ATP, light is emitted. The Biotrace system measures this light. The more contamination present, the more light emitted and the higher the readings. The swab is used on the surfaces, the cleanliness of which has to be measured. The swab is put in a 'pen device' containing all the necess....

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....4. After hearing both sides and perusal of the case records, we find that the authorities below have examined the catalogues of the product in question which were submitted by the appellants. The instrument in question is not a luxmeter and does not measure illumination nor gives the measurement in units of illumination which is lux [1 lumen per sq. mt.]. 5. On the other hand, it has a facility for accepting a pen like device which contains reagents and swab. The process employed is measurement of the light emitted when the firefly enzyme luciferace combines with ATP as stated in the catalogue. The instrument basically measures the ATP level and the same is translated into relative numbers to indicate whether a surface or a liquid is conta....