2020 (3) TMI 1495

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....08.2014 and 18.10.2014 (Exhibit P-2) issued by Respondent No. 3; 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. It is submitted by the learned counsel for the petitioner that the petitioner is inter alia engaged in the manufacture of diverse food items and that one such product of the petitioner is Peanut Butter under a registered trade mark. It is stated that notices were issued to the petitioner-company by Ext. P2 in terms of the second schedule to the Legal Metrology Act, 2009 (for short LM Act) read with 2(5) of the Legal Metrology ( Packaged Commodities ) Rules 2011(for short 'LMPC' Rules), stating that the Un-canned packages of butter can be sold only ....

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....les does not classify the names of specific products and the classification is based on usage, type and nature of products. It is stated that neither uncanned package nor Peanut Butter is defined any where in the LM Act or in the LMPC Rules. It is stated that the FSS Act, 2006 and the LM Act, 2009 are separate special enactments and the definition in one cannot be imputed to the other. 6. I have considered the contentions advanced on either side. Sec. 36 of the LM Act provides for penalty for packing, selling etc. of pre - packaged commodity which does not confirm to the declarations of the package as provided in the Act. In the instant case, Ext. P2 notices were issued to the petitioner. It does not contain any allegation that the produ....

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....ules, I fail to see how prosecution as provided to Sec. 36(2) of the LM Act would be liable to be initated as against the petitioner. The learned counsel for the petitioner also brought to my notice the notifications later issued in the year 2017 under the Food Standard Regulations 2011, which included Peanut Butter as meaning cohesive, comminuted food product prepared from clean, sound, shelled peanuts or groundnuts by grinding roasted mature kernels from which the seed coats have been removed and which may contain sugar, liquid glucose and edible oils and fats permitted in the regulations. 9. It is submitted that in view of the fact that there is no standard packaging for Peanut Butter prescribed at the relevant time, the proposal to i....