Court Finds Procedural Lapses in Inspection and Appellate Decisions; Orders Set Aside
In a significant judgment, the Allahabad High Court at Lucknow, presided over by Justice Alok Mathur, has quashed proceedings initiated against Pidilite Industries Ltd. by the State of Uttar Pradesh's Legal Metrology Department. The case revolved around allegations that Pidilite's product, "M-Seal Phataphat," was found to be underweight during an inspection at a retailer's shop in Jhansi.
The court found that the inspection conducted on August 6, 2023, and subsequent appellate processes were marred by procedural non-compliance, rendering the actions against Pidilite Industries invalid. The inspection report, which claimed that the weight of the resin base in the product was zero, did not adhere to mandatory preconditions outlined in the Legal Metrology (Packaged Commodity) Rules, 2011.
Justice Mathur highlighted that the necessary procedures for inspection detailed in Rules 19 and 21 of the 2011 Rules were not followed. The court noted the absence of an independent witness during the inspection, lack of a formal complaint prior to inspection, and failure to record the shop owner's statement. The report also did not demonstrate compliance with statutory requirements, leading the court to conclude that the proceedings against Pidilite were unjust.
Furthermore, the appellate authority's decision to uphold the initial findings was criticized for lacking any reasoned analysis or application of mind. The court emphasized that appellate decisions must be accompanied by adequate reasoning, which was missing in this case.
As a result, the Allahabad High Court set aside the impugned orders dated August 14, 2013, January 18, 2014, and May 29, 2014, thereby granting relief to Pidilite Industries.
Bottom line:-
Legal Metrology Act, 2009 - Inspection procedure under Rules, 2011 must be adhered to strictly - Mandatory preconditions under Rule 19 and Rule 21 should be satisfied before initiating proceedings against manufacturer or retailer.
Statutory provision(s): Legal Metrology Act, 2009; Legal Metrology (Packaged Commodity) Rules, 2011 Rules 19 and 21
Pidilite Industries Ltd. v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2941941
