2009 (7) TMI 735

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....hallenge is to paragraph 2 of notification issued by the Central Government in GSR 140(E) Department of Civil supplies dated 7-3-97 withdrawing exemption in respect of Beedi Packages originally contained in Rule 34(c) of the Standard of Weights and Measures (Packages Commodities) Rules, 1977. 2. The Standard of Weights and Measures Act, 1976 was enacted to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and to provide for matters connected therewith or incidental thereto. 3. Section 83 of the Act empowers the Central Government to make Rules to carry out the provisions of the Act by notification. In ex....

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....cle within the meaning of the Motor Vehicles Act, 1939, is undertaken; (iii) any package containing a commodity of net content of 5 kilograms or 5 litres or less and displayed for sale a the retail outlet; (iv) any package containing a commodity to be sold by number or length and displayed for sale at the retail outlet;) (b) the net weight or measure of the commodity is twenty grams or twenty millilitres or less, if sold by weight or measure : (Provided that this exemption shall not apply to packages containing any drug or medicine.) : (Provided that the declaration in respect of maximum retail price and net quantity shall be declared on packages containing 109 to 209 or 10 ml. to 20 ml.) (c) it contains bidis or incense s....

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....o the manufacturers and the workers employed in the Beedi Industries that is likely to occur due to the amendment. 9. It may be true that because of the withdrawal of the exemption there may be some hardship caused to both the manufacturers as well as the workers but that cannot be a ground to strike down the Rule. It is for the Government to consider all these factors and to bring in appropriate legislation and this Court cannot take the role of legislature as the powers of legislation lies only with the legislature. If this Court embarks upon the same, it would certainly amount to exceeding its constitutional bounds. Under the Constitution, the powers of the three wings of the Government are well defined. One cannot interfere with the ....