Bombay High Court
M/S Eris Healthcare Pvt.Ltd ... vs State Of Mh.Thr.Controller Of ... on 19 January, 2022
Bench: Avinash G. Gharote
27apl904.21.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 904 OF 2021
M/s. Eris Healthcare Pvt Ltd and ors verrus State of Maharashtra and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. A.A.Naik, Advocate with Mr. Deoul Pathak, Advocate for applicants.
Mr. I.J.Damle, APP for Respondents/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 19/01/2022
1] Hearing was conducted through Video
Conferencing and the learned counsel agreed that the audio
and visual quality was proper.
2] Heard Mr. Naik, learned counsel for the
applicants. The basic challenge in the application is to the
impugned order dated 10.9.2020 passed by the learned
JMFC, Telhara in Summary Criminal Case No. 283/2020,
issuing summons to the applicants for the offence under
Section 18 read with Section 36 of the Legal Metrology Act
for having violated the provisions of Section 18 of the said
Act. It is contended that the provisions of the Legal Metrology
Act are not attracted at all in view of the fact that Rule 26 of
the Legal Metrology (Packaged Commodities) Rules, 2011,
which provide for an exemption in respect of certain
packages, in sub-rule (c) creates an exemption regarding
27apl904.21.odt
scheduled formulations and non-scheduled formulations
covered under the Drugs (Price Control) Order, 2013, made
under Section 3 of the Essential Commodities Act, 1955.
3] It is further contended that the Drugs (Price
Control) Order, 2013, by a notification dated 15.5.2013 as it
stands amended by SO 1192 (E) dated 22.03.2016, by virtue
of Clauses 17.1.2 and 17.1.3 (page 142) include the
antiseptics chlorhexidine and Ethyl alcohol which are used by
the applicants in the manufacture of the disinfectant under
the name and style of TruSANIZ and therefore, the case of the
applicant is covered under the exemption as contained in
sub-rulc (c) of Rule 26 of the Legal Metrology (PackageD
Commodities) Rules, 2011, in view of which it was not
permissible for the learned Magistrate to issue summons
upon the complaint filed before him.
4] It is further contended that this issue also stands
covered by judgment of this Court in Colgate Palmolive India
Ltd and others vrs. State of Maharashtra and another, Cri
Application No. 4479/2004, decided on 5.12.2006 (page 76).
It is further contended by inviting my attention to the seizure
memo at page 99 that the allegations are that the product
packaging does not bear the name, address, telephone
number, e-mail address of the person who can be/the office
which can be contacted in case of consumer complaint. It is
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further submitted that the complaint has been filed against
the company and all of its directors without naming anyone
or attributing any role to any specific person viz-a-viz the
alleged offence, in view of which the issuance of process by
the learned Magistrate itself is untenable, considering which
issue notices non-applicants, returnable on 7.2.2022.
5] Ms. Shamsi Haider, learned APP waives notice
for Respondents.
6] In view of what has been stated above, the
nature of allegations, the provisions of Rule 26(c) of the
Legal Metrology (Packaged Commodities) Rules, 2011, there
shall be stay in terms of prayer Clause (C) till the returnable
date.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:19.01.2022 16:35
