@JUDGMENTTAG-ORDER
L. Narasimha Reddy, J.@mdashThe petitioner is a manufacturer of wrist watches. It has got its distributors all over the country and one of its distribution point is at Mahabubnagar. On 28-12-1982 the Senior Inspector of Legal Metrology, Weights and Measurements Department, Mahabubnagar, A.P., the first respondent herein, inspected the shop of the petitioner and on finding that various specifications as to the date of manufacture, the price etc., have not been printed on the container, he has seized certain watches and issued show-cause notice alleging contravention of Section 39 of the Standards of Weights and Measurements Act, 1976, hereinafter referred to as the Act and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 hereinafter referred to as the Rules. In the show-cause notice dated 2-1-1993, it is also indicated that the contravention alleged against the petitioner is compoundable u/s 73 of the Act.
2. On receipt of the notice the petitioner has submitted its reply dated 8-1-1993 and one of its contention was that the provisions of the Act and Rules do not apply to the watches for the reason that they do not come within the definition of packaged commodities and subsequently no notification as regards watches was issued as required under Clause (d) of Sub-section (3) of Section 1 of the Act. The contention raised on behalf of the petitioner was not accepted and ultimately the first respondent passed an order dated 4-2-1993, to the effect that if the compounding charges are not paid, the proceedings will be initiated in appropriate Court under the provisions of the Act and Rules. This writ petition is filed seeking a declaration that the goods, i.e., watches and containers manufactured by the petitioner do not attract the provisions of the Act and Rules and for issuance of writ of certiorari or prohibition and for consequential reliefs.
3. The petitioner contends that unless and until the notification under Clause (d) of Sub-section (3) of Section 1 of the Act is issued in respect of watches, it was not competent for the first respondent to initiate any proceedings or prosecute the petitioner for the alleged violation.
4. In the counter-affidavit, the respondents pleaded that the petitioner was under an obligation to furnish the particulars of the date of manufacture, price of the commodities etc., as required under Rule 10 of the Rules and inasmuch as admittedly the said particulars were not contained on the packages which were seized from the petitioner, it cannot be said that there was any irregularity or illegality in the proceedings initiated against the petitioner. Reference was made to the provisions of the Act and Rules. However, the fact that notification u/s 1(3)(d) was not issued is not disputed. In the other writ petitions, the facts are similar barring a few variations as to dates of inspection and quantity seized.
5. Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies.
6. The controversy in this batch of writ petitions is in a very narrow compass. The Parliament has enacted the Act 60 of 1976 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. The Act covers the very wide range of aspects of trade. By their very nature the method of manufacturing, manner of sale, the parameters of pricing etc., substantially vary from commodity to commodity. With the assent given by the President or with the publication of single notification it was just impossible to bring all goods or articles which are manufactured and sold; within the purview of the Act.
7. Having regard to versatile nature of the matter, be as it regards the place of manufacture, method of manufacture, variety of goods etc., at the threshold of the Act itself, the Parliament contemplated application or extension of the provisions of the Act and Rules made thereunder only to such of the areas, or in respect of such classes of undertakings, classes of goods, classes of weights and measures and classes of users of weights and measures to be brought under the purview of the Act only on a notification being published in this regard to cover one aspect or the other. Section 1 of the Act reads as under:
"1. Short title, extent and commencement :--(1) This Act may be called the Standards of Weights and Measures Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different-
(a) provisions of this Act;
(b) areas;
(c) classes of undertakings;
(d) classes of goods;
(e) classes of weights and measures; or
(f) classes of users of weights and measures,
and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into force;
Provided that the provisions of this Act (including the standards established by or under this Act) shall come into force in the State of Sikkim on such date, not being later than five years from the passing of this Act, as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different areas or for different classes of undertakings or for different classes of goods, or for different classes of weights and measures or for different classes of users of weights and measures."
8. From a reading of the same it is evident that the application of the provisions of the Act whether as regards the area, or classes of undertakings, or the classes of goods would depend on the issuance of notification by the competent authority in this regard. The items themselves are so versatile that a notification in respect of an area per se does not bring into the fold of the Act, all classes of goods manufactured in that area. Similarly, a notification as regards the classes of goods does not make the provisions of the Act and Rules applicable all over the country. Unless and until specific notifications as regards a particular class of goods and area issued, the sale or distribution of such goods cannot be brought under the purview of the Act and Rules. The net result is that the first respondent can be said to have been vested with the power to initiate prosecution against the petitioner, if only there existed a notification u/s 1(3)(d) of the Act which covers the watches also. The respondents are not able to place before this Court any such notification. Further, no such notification or provision was cited or mentioned in the show-cause notice or the final order. In the absence of any such notification the very initiation of the proceeding cannot be justified. Therefore the petitioner is entitled to be extended the relief as prayed for in the writ petitions.
9. Since there did not exist any notification particularly as on the date on which the inspection was made covering the watches issued u/s 1(3)(d) of the Act, the proceedings initiated against the petitioner by the first respondent are without jurisdiction and without any lawful authority. The same are accordingly quashed.
10. The learned Counsel for the petitioner has also advanced the contention that the goods, which are manufactured with brand name are not susceptible to be sold exclusively by weight, or number and in view of Clause 5 of Statement of objects and reasons of the Bill, which ultimately came to be enacted, cannot be brought'' within the fold of the Act. She placed reliance on part 5 of Statements of objects of the Bill when it was introduced. In view of the fact that writ petitions are allowed on a different ground this Court feels that it is not necessary to go into that aspect.
11. In the result, all the writ petitions are accordingly allowed. No costs.
