2010 (7) TMI 733

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....s and seized two packages of industrial sewing machine needles imported and distributed by GBA on the ground that the packages did not carry declaration as required under Rules 6 and 6(1A) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (for short 'the Rules'). It is not in dispute that the two packages seized do not bear the declaration as required under Rules 6 and 6(1A) of the Rules. 3. Learned counsel for the petitioner submits that the packages were ultimately meant for selling to the industrial consumers; chapter 2 of the Rule are inapplicable if the package commodities are meant for selling to industrial consumers; he relied upon the definition of retail package found in Rule 2(p) to contend that i....

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....transportation (including airway, railways), hotel or any other similar service industry. (b) Industrial consumer - Means those consumer who buys packaged commodities directly from the manufacturers/packers for using the product in their industry for production etc. 3. Chapter to apply to packages intended for retail sale. - The provisions of this Chapter shall apply to packages intended for retail sale and the expression "package", wherever it occurs in this Chapter shall be construed accordingly." Chapter 2 deals with the applicability of certain provisions to packages intended for retail sale. Rule 2(A) reveals that the provisions of Chapter 2 shall not apply to the packaged commodities meant for industrial consumers o....