Issuance Of Process

Issuance Of Process

Issuance of process – against the applicant – for violation of Section 18(1) of the Legal Metrology Act, 2009 read with Rules 6(1), 2(m) of Legal Metrology (Package Commodity) Rules, 2011, punishable under Section 38(1) of the Act of 2009 as a product namely Package of Valve Kit kept for sale, on which M.R.P was not printed as per Rule – complaint lodged against the applicant alone and though it stated “and others of M/s TVS Motor Company Ltd.”, the said TVS Motor Co. Ltd. Is not made an accused nor the ‘others ’are specified as accused – the product in question is manufactured by the company, therefore, it was obligatory on the part of the complainant to join the company as an accused and the non-joinder of the company as accused itself is fatal of the complainant – the complaint is totally silent in respect of the role of the applicant – impugned order issuing process against the applicant set aside – application allowed. (Venu Srinivasan vs. The State of Maharashtra).

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