ORDER
K. Sreedhar Rao, J.
1. The petition filed under Section 482 of the Cr. P.C. for quashing of the proceedings in C.C. No. 15202 of 1997 on the file of the VI Additional Chief Metropolitan Magistrate, Bangalore. The Inspector of Legal Metrology has filed a complaint against the petitioner for contravention of Rules 4, 6 and 23(1) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred as the 'rules'). The respondent on 26-4-1997 inspected the shop of one Agarwal Private Limited at 12.30 p.m. who was dealing in paints. The paint manufactured by the petitioner-company is marketed in a tin was seized as it contained a sticker displaying the price of the article. Besides that, there was otherprinted information on the tin. The respondent in the complaint submits that affixture of sticker to display the price is in contravention of Rules 4, 6 and 23(1) of the Rules. The Magistrate took cognizance and issued process. The petitioner has appeared before the Trial Court. Being aggrieved by the initiation of the proceedings has filed this petition for quashing of the proceedings.
2. The provisions of Rules 4, 6 and 23(1) of the Rules are extracted hereunder for convenient reference:
'Rule 4. Regulation for packing and sale etc., of commodities in packaged form.--On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed any commodity for sale, distribution or delivery unless the package in which the commodity is pre-packed bears thereon, or on a label securely affixed thereto, such declarations as are required to be made under these rules.
Rule 6. Declarations to be made on every package.--(1)Every package shall bear thereon or on a label securely affixed thereto a definite plain and conspicuous declaration, made in accordance with the provisions of this Chapter as to-
(a) the name and address of the manufacturer, or where the manufacturer is not the packer, of the packer or with the written consent of the manufacturer, of the manufacturer;
(b) the common or generic names of the commodity contained in the package;
Explanation.--Generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name;
(c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package;
(d) the month and year in which the commodity is manufactured or pre-packed;
(e) Omitted by GSR 521(E), dated 27-6-1995.
(f) the retail sale price of the package;
(g) where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece;
(h) such other matters as are specified in these rules: Provided that-
(A) no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on--
(i) any bottle containing liquid milk, liquid beverages containing milk as an ingredient, soft drink, ready-to-serve fruit beverages, or the like, which is returnable by the consumer for being refilled;
(ii) any package containing bread and any unmanned package of (a) vegetables, (b) fruits, (c) ice-cream, (d) butter, (e) fish, (f) meat, or (g) any other like commodity;
(ii-a) liquid milk in pouches; (iii) any package containing metallic product;
(iv) any cylinder containing liquefied petroleum gas or any other gas;
(v) any package containing chemical fertilizer;
(B) where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstance beyond the control of the manufacturer or packer, as the case may be, extend the time during which such packaging material may be used, and, where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packing the concerned commodity;
(C) no declaration as to the retail sale price shall be required to be made on-
(i) any unmanned package of (a) vegetables, (b) fruits, (c) ice-cream, (d) fish, or (e) meat;
(ii) any bottle containing liquid milk, liquid beverages containing milk as an ingredient, which is returnable by the consumer for being refilled;
(iii) any bottle containing alcoholic beverages, or spirituous liquor;
(iv) any package containing animal feed exceeding 15 kgs. or 15 litres;
(v) any package containing a commodity for which controlled price has been fixed by or under any law for the time being in force;
(vi) packages containing printing ink.
The commodities mentioned at (i) to (vi) where retail sale price has not been mentioned by the manufacturer or packer on the package, the retail dealer shall display prominently at a conspicuous place of the premises in which he carries on his retail sale, the retail sale price of the package for the information of consumer.
Explanation I.--The month and the year in which commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both.
Explanation II.--Liquid milk does not include condensed milk.
(2) Where a commodity consists of a number of components and these components are packed in two or more units, for sale as a single commodity, the declaration required to be made under Sub-rule (1) shall appear on the main package and such package shall also carry information about the other accompanying packages.
(3) Omitted by Notification GSR No. 458(E), dated 25-5-1985.
Rule 23. Provisions relating to wholesale dealer and retail dealers.--(1) No wholesale dealer or retail dealer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with, in all respects, the provisions of the Act and these rules.
(2) No retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.
(3) xx x x .
(4) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to turn by the manufacturer, or where the manufacturer is not the packer, and it shall be the duty of the manufacturer or packer as the case may be, to indicate by not less than two advertisements in one or more newspapers and also by circulation of notices to the dealers and to the Director in the Central Government and Controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax or in the case of imposition of fresh tax higher than the fresh tax so imposed:
Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to anyincrease in, or in imposition of, any tax payable under any law made by the State Legislatures:
Provided further that the retail dealer or other person, shall not charge such revised prices in relation to any packages except those packages which bear marking indicating1 that they were pro-packed in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid:
Provided also that where the revised prices are lower than the price marked on the package, the retail dealer or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed.
(5) Nothing in Sub-rule (4) shall apply to a package which is not required, under these rules to indicate the month and the year inwhich it was pre-packed.
(6) No retail dealer or other person shall obliterate, smudge or alter the (retail sale price), indicated by the manufacturer or the packer, as the case may be, on the package or on the label affixed thereto.
(7) The manufacturer or packer shall not alter the price on the wrapper once printed and used for packing'.
3. After carefully going through the rules, it appears that Rule 6 has no bearing on the issue.
4. Rule 23(1) declares that the marketing or sale of products in a package form has to be done by compliance of all the provisions relating to the packing of the products. Sub-rule (2) declares that no retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price shown thereon.
Sub-rule (6) declares that no retail dealer or other person shall obliterate, smudge or alter the retail sale price, indicated by the manufacturer or packer, as the case may he, on the package or on the label affixed thereto.
Sub-rule (7) declares that a manufacturer or packer shall not alter the price on the wrapper once printed and used for packing.
Sub-rule (4) declares that the product sold in a package form shall contain all the declarations which are required to be made under these rules. The rules also permit such declarations made by a label securely fixed thereto.
4-A. The question whether the sticker was fixed by the petitioner or by the retailer is a disputed question of fact and there is no averment in the complaint to attribute against the petitioner. There is no categorical allegation made against the petitioner about violation of Sub-rules (6) and (7) of Rule 23 of the Rules.
5. The provision of Section 72 of the Standards of Weights and Measures Act, 1976 declares that no Court shall take cognizance of offence punishable under this Act except upon the complaint made by the Director or any authorised officer, any person aggrieved or a recognized consumer association whether the person aggrieved is a member of such association or not. In the instant case, the complaint is filed by the Inspector of Legal Metrology. There is no mention in the complaint that he has been duly authorised by the Director or by any other Competent Authority under the Act. No document is produced to show such authorisation. In view of the aforesaid lacuna, the registration of case and issuance of process against the accused appears to be bad in law.
Accordingly, the petition is allowed and the proceedings are quashed.