A shopkeeper sold a packet of pre-packed chillies which does not bear the declarations required to be made by the manufacturers on pre-packaged commodities. Whether the shopkeeper has committed any act punishable under t
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2020
A shopkeeper sold a packet of pre-packed chillies which does not bear the declarations required to be made by the manufacturers on pre-packaged commodities. Whether the shopkeeper has committed any act punishable under the Legal Metrology Act, 2009? Discuss.
Answer & Explanation:
Section 18 of the Legal Metrology Act, 2009 states that no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed. Under section 36 of the Legal Metrology Act, 2009 whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in the Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. Accordingly, the shopkeeper has sold pre packed chillies which do not bear the declarations required to be made on pre-packaged commodities, the said shopkeeper has committed an act punishable under Section 36 read with Section 18 of the Legal Metrology Act, 2009.
Topics: Legal Metrology Act, 2009
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