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Judgment
E. Padmanabhan, J.—W.P. No. 7695 of 1991 has been filed by M/s. Philips India Ltd., a leading manufacturer and dealer in Television,
Audio and video equipments and various other Electronic items, has filed the present writ petition seeking for the issue of a writ of declaration
declaring that the provisions of the Standards of weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged
Commodities) Rules, 1977, do not apply to the products manufactured by the Petitioner.
The very same Petitioner filed W.P. No. 7696 of 1991 praying for the issue of a writ of mandamus for bearing the Respondents from
proceeding in any manner with their notice and memos issued to the Petitioner.
Heard Mr. Krishna Srinivasan for the Petitioner and Mr. Balaji for Mr. B.S. Jothi-mani, ACGSE for Respondents 1 and 2 Mr. S. Palanisamy,
Addl. Government pleader for Respondents 3 and 4.
Though the Petitioners have prayed for the reliefs in respect of all the items manufactured by them, at the hearing, the learned Counsel appearing
for the Petitioner confined the relief, to Television sets, Computer monitors and Audio and Video Equipments alone. Hence, this Court is required
to decide the points only in respect of the said two items alone.
The Petitioner claims that it is a company incorporated under the provisions of the Indian Companies Act and carries on business, inter alia of
production, manufacture, sale and distribution of electrical and electronic equipment and components including general Lighting Bulbs, Television
sets, VCR, Radio, Tape recorders, record players and Audio-Video Equipment, service aids and accessories. The products manufactured by
Petitioner are sold/distributed in the shops of its various authorised dealers in different parts of the country and also through its stockists and
distributors. The products manufactured are despatched to their godowns and remain in their godown until delivery to its retail shop. They have
their own trademarks such as ""Philivision"" and ""Philips"". The Respondents are entrusted with the function to enforce the provisions of The
Standards of Weights and Measures Act, 1976 and the Rules framed therein.
It is mainly contended by the Petitioner that neither the provisions of Standards of Weights and Measures Act, 1976 nor the Standards of
Weights and Measures (Packaged Commodities) Rules, 1977, applies to the products manufactured by the Petitioner-Company. According to the
Petitioner, in respect of products manufactured or assembled by the Petitioner are distributed by the Petitioner, the provisions of the said Act and
Rules will have no application. The Petitioner also challenged the seizure memo dated 14.2.91 issued by the 3rd Respondent and the seizure memo
issued by the 4th Respondent respectively dated 14-2-1991 and also the consequential compounding notice issued by the 3rd Respondent.
The substantial contention advanced is that the provisions of the Weights and Measures Act and Rules referred to will have no application to the
products of the Petitioner-Company. The Petitioner-Company has already moved the Bombay High Court by filing a writ petition and the matter is
pending. It is the case of the Petitioner that the products, which are packed in polythene covers or thermacole and are ultimately kept in corrugated
packing boxes or cartons, on which are affixed upon them a serial number, price list, etc. The television sets and video equipments are displayed in
the shops on the counter in an open condition and the customers, after examining the sets, audio- video equipment, being satisfied with the
standard or performance, make up their mind to purchase the product. It is without authority and not necessary for the Respondents to compel that
the Rules, namely Standards of Weights and Measures (Packaged Commodities) Rules, 1977, in respect of their products like television sets,
audio video equipments should be followed.
The seizure memo and the action taken by Respondents 3 and 4 are without jurisdiction and their action has no cause or jurisdiction, as
according to the Petitioner, the provisions of the Act w ill have no application and so also the
It is admitted that the Respondents 3 and 4 are the competent authorities to enforce the statutory provisions of the Standards of Weights and
Measures Act, 1976 as well as the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 hereinafter referred to as the Act
and Rules.
On behalf of Respondents 1 and 3, a counter affidavit has been filed denying the averments set out in the affidavit filed in support of the writ
petitions. It is the contention of the contesting Respondents that the provisions of Standards of Weights and Measures Act, 1976 (hereinafter
referred to as the Act) and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as the Rules)
apply to the products manufactured or distributed by the Petitioner. The Rules regulate sale of prepacked commodities during the course of
interstate trade or commerce. The Act regulates sale of pre-packed commodities during the course of intra-state transaction. In terms of Section
33 of The Weights and Measures Enforcement Act, 1995, rules are made applicable in respect of intra - state transaction sale with slight
modification. The Rules and the Act require certain mandatory declaration to be made on the pack-
i) Name and address of the manufacturer/packer:
ii) Name of the commodity;
iii) Month and year of packing:
iv) Quantity;
v) Retail sale price in the form M.R.P (Inclusive of all taxes).
The manufacturers of various packages are complying with the said requirements. The rules are equally applicable to all products irrespective
of where they are made, in a particular sector or otherwise. Rules are also applicable even in respect of commodities which are taken out of the
package for examination by the consumers before making the purchase as seen from the Exception 1 to Rule 2(1) of the said Rules. Further, the
rules do not make a distinction between packages meant for transportation vis-a-vis packages meant to attract the provisions of the rules. The
rules are being enforced by the State authorities. During the course of inspection, if any violation is detected by the enforcement agency, action is
being taken in accordance with the statutory provisions. The enforcement officials detected violation in respect of packages sold by the Petitioner
and, hence, action is being taken. The Petitioner has contravened the provisions of the Act and the Rules and action under the Act and the Rules is
warranted.
As seen from Sub-clause 3 (i) of Clause of (c) of Sub-section (1) to Section 39 of the Standards of Weights and Measures Act, 1976 and
Clause (c) to Sub-rule (1) to Rule 6 of the said Rules, the Petitioner is required to comply with the said rules. The notice issued to the Petitioner is
correct and the contention that they have to be treated as null and void is devoid of merits.
The Petitioner had admitted that their products are being packed in corrugated packs for sale and, consequently, the mandatory declarations
are required to be made on the package in terms of the rules. There is no provision
Whether the goods were kept in the godown or otherwise, being a part of interstate transaction, they must comply with the requirement and
statutory provisions of the Act and the Rules and the contention to the contra are devoid of merits, besides being a misconception of the statutory
provisions. Neither in the Act nor in the Rules any exemption has been provided for packages which have been made for the purpose of protecting
or safeguarding the products or for the purpose of convenience of transaction or transmission or storage or prevention of damages in the course of
transportation as sought to be suggested by the Petitioner. It is obligatory for the Petitioner to declare and set out the retail sale price on a package
in the form ""Maximum Retail Price (inclusive of all taxes)"". Selling the commodity at a price higher than the maximum retail price attract penal
provision thereby providing higher protection to the people, especially in the rural and far flung areas. u/s 83, Rules have been framed and they are
applicable and in case of violation, the enforcement officials are entitled to take such measures as provided for under the rules. Non-compliance
with the provisions of the Act and the Rules attract penal provision and, hence, the action taken by the Respondents are in accordance with the
statutory provisions. The provisions of the Act and the Rules are consumer protection legislation and enforced to provide basic information to the
consumers and ensure availability of products and net content so that they will get their money''s worth. Respondents 1 and 2 plead that there are
no merits and prayed for dismissal of the writ petition.
On behalf of the 4th Respondent, a counter has been filed contending that the provisions of the Act and the Rules apply to the products of the
Petitioner''s company. The seizure memo issued by the 4th Respondent at the time of inspection and the compounding notice issued subsequently
are well within the powers and it is in terms of Section 29(1) of the Act.
The notice having been issued by the competent authority on whom power has been conferred under the Act as well as the Rules. When once the
Petitioner packs these commodities, the provisions of Section 39 of the Act gets attracted. The Commodities seized was in packed form, which
has been displayed for sale at the dealers shop.
Section 39 of the Act and Rules 6(1) of the rules are applicable to the packaged items produced or distributed or offered for sale either inter-
state or intra-state. The customary practice suggested by the Petitioner has no relevance with the requirement to comply with the provisions of the
rules. The Petitioner''s dealer at Madurai had compounded the offence and only thereafter the Petitioner had secured orders of interim stay and,
consequently, further proceedings have been stayed by the 4th Respondent. The products of the Petitioner''s company are intended to be
marketed, distributed or delivered or otherwise transferred in the course of inter-state or intrastate trade or commerce and if the requirement of the
provisions of the Act and the Rules are not complied with, it is a definite contravention of Rules 4 and 6 of the said rules. The Rules apply to the
Petitioner''s product and the contention that the Petitioner''s product are excluded from the said rules and that it is not included nor it falls within the
purview of the Act is a misconception. The Act and the Rules cover the Petitioner''s products and for violation the 4th Respondent is well-founded
in taking action and enforcing the provisions of the Act.
It is the further case of the 4th Respondent that on physical verification of the package containing loud speakers, a transparent tape has been
pasted on the opening passage of the package to avoid misuse or mishandling. The word ""Commodity"" includes the products of the Petitioner as
well as the products which they distribute through their retail outlets or agents or depots. Hence, the claim of the Petitioner that the Act and the
Rules will have no application to the electronic items assembled or manufactured by the Petitioner or distributed or sold by them through their
agents or depots or exclusive showrooms is not right and the 4th Respondent prays for the dismissal of the writ petition.
The points that arise for consideration are:
1) Whether the Petitioner''s products such as television sets, video and audio players or speakers are covered by the provisions of the Standards
of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 or whether these
products of the Petitioner fall outside the purview of the provisions of the said Act and the Rules as well as Standards of Weights and Measures
(Enforcement Act, 1985?
Before taking up the question, it is essential to refer to the salient features of the two Acts and the Rules. The Standards of Weights and
Measures Act, 1976 (Central Act 60 of 1976) received the assent of the President on 8.4.1976 and published in the Gazette (Extraordinary)
dated 8.4.1976. The object of the Act proceed thus:
An Act to establish Standards of Weights and Measures, to regulate inter-state trade or commerce in weights, measures and other goods which
are sold or distributed by weight, measure or number and to provide for matters connected therewith or incidental thereto.
Concedingly the products of the Petitioner are not weights or measures and it has to be examined whether they are products which falls under
other provisions of the Acts other than weights and measures.
Section 2(b) defines the expression ""Commodity"" in packaged form, Section 2 (z-c) defines the expression ""weighing or measuring instrument
and Section 2 (z-d) defines the expression ""weight or measure"" Section 2 (z-e) defines the expression ""working standard"" as the set of standard
weight or measure which is made or manufactured by or on behalf of the Government for the verification of any standard weight or measure.
Part II of the Act provides the units of weights or measures which is to be the measure of metric system. Chapter I provides the Base unit of
Length, unit of Mass, unit of Time, unit of Electric Current, Unit of Thermo-dynamic Temperature, unit of ""Luminous intensity and unit of amount of
substance"" Chapter II describe the physical representation of standard units. Chapter III describes the standard weights and measures.
Part IV of the Act regulates the inter-State trade or commerce in weights, measures or other goods, Section 33 provides for prohibition of
quotations, etc., otherwise than in terms of standard units of weights, measures or numeration. Section 33 provides mandatorily that no person
shall, in relation to any other goods, thing or service to which part IV applies-
a) quote or make announcement or issue, or
b) exhibit any price list, or
c) prepare or publish any advertisement, or
d) indicate the contents of any package either on itself or on any label, carton or other thing, or
e) indicate the contents on any container, or f) express any quantity or by dimension.
Chapter III provides for approval of models. Chapter IV provides that commodities shall be sold or distributed in the course of inter-state
trade or commerce in packaged form. Chapter v. relates to verification and stamping of weights and measures sent from one State to another. Part
v. relate to Import and Export of weights and measures. Part VI provides for the offences and their trial.
Section 82 provides for levy of fees. Section 83 provides the power to make rules on the Central Government by a notification for carrying out
the provisions of the Act in particular to various matters enumerated under Sub-section (2) of Section 83. Section 83 (2)(r) enables the Central
Government to frame rules stipulating the manner of declaration of the contents of a package and specification of the unit of weight, measure or
number in accordance with which the retail price shall be declared on the package.
The Schedule appended to the Act provides for the conversion of non-metric Weights and Measures in Standard units of Weights or
Measures. They all relate to length, area, volume, mass, temperature, force, pressure, energy and power. No other basic unit of measurement of
energy or sound or audio signals or video signals or measures had been included in the schedule in respect of these items.
In exercise of powers conferred by Section 83(2)(r) of The Standard of Weights and Measures Act, 1976, the Central Government had
framed the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, which came into force on 1-4-1980. The rule defines the
expression ""drained weight, fancy package, group package, manufacture, maximum permissible error, multi-piece package, packer, pre-packed
commodity"", etc.
Rule 3 provides that Chapter II of the Rules apply to packages intended for retail sale. Rule 4 regulates pre-packing and sale, etc, of
commodities in packaged form. Rule 5 prescribes that specific commodities to be packed and sealed only in Standard packages. The specific
commodities are enumerated in III schedule. Rule 7 provides for number display panel, its area, size and letter, etc. Rule 8 prescribe the
declaration where to appear, whereas Rule 9 provides for the manner in which the declaration shall be made. Rule 10 provides for the declarations
of name and address of the manufacturer, etc. Rule 11 provides general provisions relating to declaration of quantity. Rule 12 provides the manner
in which declaration of quantity shall be expressed and it is enumerated in the v. Schedule.
Declaration of quantity shall be in terms of the unit of mass, length, area, volume and number. Rule 13 provides the statement of units of
weights and measure or number and the rules to be specified are Kilogram, Metre, Sq. Metre cubic meter and cubic decimeter and litre. Rule 14
describes the unit of the price. Rules 15, 16 and 17 provides for additional declaration to be made on group packages, combined packages or
multi-piece packages. Rule 18 provides for the declaration to be made with regard to dimension of certain commodities. So also Rule 19 provides
for declaration with regard to dimension and weight to be made on packages in certain cases. Rule 21 prescribes the declaration with respect to
the dimension of container type commodities and how they are to be expressed. Rule 23 regulates the wholesale and retail dealing. Rules 25 and
26 provides for the action being taken in case of violation.
Chapter III of the rules provides that the declaration shall be made on every wholesale package. So also Chapter IV provides for declaration
to be made on packages intended for export. Chapter v. provides the exemption in respect of certain packages. III schedule read with Rule 5 of
the rules prescribes the commodities to be packed in specific quantities. IV schedule read with Rule 11(4) provides that declaration of quantity in
relation to commodities sold by weight or volume when packed shall contain information which the package or label affixed thereof shall bear on it.
v. schedule read with Rule 12(2) provides that the commodities enumerated under the v. schedule may be sold by Weight, measure or number as
shown against the commodity.
The Standards of Weights and Measures (Enforcement) Act, 1995 (Central Act 54 of 1995) has been enacted not only with the purpose of
setting out the standards in weights and measures, but also to make the provisions for the protection of consumers. The most important rights of
consumers, among other rights, is to be fully informed of the product and also to choose from a sufficient number of alternatives to ensure
competitive prices and qualify and in that regard, the rule, if any made, as to the manner of declaration and contents of a package and specification
of the unit, weight, measure or number along with the maximum sale price and declared on the package, which is a requirement of the said rule.
The Act covers the goods dealt with under the Act or enumerated in the Schedules or included by implication, where any particular commodity or
consumer item has been brought or kept for sale in the course of inter state transaction or an inter-state transaction will be a factor which will have
to be examined with reference to the facts of each case. The rule requires the declaration and specification of numbers, etc., etc.
In this writ petition, the Petitioner is not challenging the validity of either of the two statutory enactments or their provisions or the Standards of
Weights and Measures (packaged Commodities) Rules, 1977 or its validity, but what is sought to be contended is that the provisions of the said
enactment and the said Rule will have no application to the electronic products of the Petitioner.
It is the contention of the Petitioner that the electronic goods, such as television sets, audio equipments, computers, etc., products of the
Petitioner''s Company are not being sold by weight, volume, measure or number and these electronic items are being examined by the consumers
and the consumer buys the same piece by piece and, therefore, it is contended that neither the Act nor the Rules apply to the electronic goods. The
electronic goods, namely, television, audio equipment require a demonstration of their functions before the consumer purchases the same and,
therefore, it cannot be assumed that it is commodity which is being sold in packaged form. The said items are not being sold in units suitable for
sale as the said manner clearly requires the commodity to be packed in such a manner that the package would be saleable as it is. According to the
Petitioner, the statutory provisions of the Act and the Rules made therein are applicable to commodities which are incapable of sale in any manner
other than in a packaged form and they will have no application to packages which are packed only for the convenience of the customers for the
purpose of safe transportation and for protection during storage and handling.
The learned Counsel for the Petitioner refers to Rule 2(1) of the Rules where the expression ""Pre-Packed Commodity"" has been defined and
the expression will not take in a television set or audio or video set. It is the further contention of the Petitioner that when the consumer or
purchaser inspect the television set or audio equipment before ever he purchases and, therefore, the very provisions of the legislation will have no
application to the products of the Petitioner.
Section 39 of the Act, according to the learned Counsel for the Petitioner, has to be confined to the commodity in packaged form, which the
consumer purchases without having to inspect and also which the manufacturers intends or offers for sale in package in which it is placed, which
alone will fall within the definition and will attract the definition clause as well as Section 39 of the Act.
Taking up Part II of the Standards of Weights and Measures Act, 1976, it is to be pointed that the statutory provision with either unit of weight
or measure shall be based on the unit of metric system or unit of length shall be Meter, the base unit of mass being kilogram, the base unit of time
being second, the base unit of electric current being Ampere, the base unit of thermodynamic temperature being Kelvin, the base unit of luminous
intensity being Can-dela and the base unit of amount of substance being Mole. None of these base units will have application to the electronic
products of the Petitioner, such as television sets or audio sets as the capacity or quality of standard of these products do not fall nor they could be
measured or denoted or described on a scale of capacity or performance under any of these base units. It is not mere numerical numbers or weight
or size or volume, etc, are the standards that could be the basis of evaluation of performance of television sets or audio equipment or computers or
their characters.
Section 32 of the Act enables the Central Government to make rules and direct that in respect of class of goods or undertakings or users
specified therein, any transaction billing or contract shall be made or had except by such weight, measure of number as may be specified under the
said rule. Section 33 provides for prohibition of quotas otherwise than in terms of Standards of weights, Measures or
Chapter IV provides for commodities in packaged form intended to be sold or distributed in the course of inter-state trade or commerce.
Section 39 provides that quantities and origin of commodities in packaged form be declared and such declaration includes the make, manufacturer,
pack, sell or cause to be packed or sold or distributed or offer or expose for sale any commodity in packaged form to
Schedule to the Act enumerate the measurements as well as conversion in standard units of Weight or Measure. A perusal of the schedule
would show that they are confined either to the length or area or volume or mass or temperature or force, pressure, energy or power and no other
measure or basic unit had been included in the schedule which may by implication include the electronic items or the statutory provisions covers the
electronic items assembled by the Petitioner as well.
In exercise of powers conferred u/s 83 read with Section 39 of the Act, Standards of Weights and Measures (packaged Commodities) Rules,
1977 had been framed. The rule applies to commodities in packaged form or are intended or likely to be sold, distributed or delivered or offered
or displayed for sale, distribution or delivered or stored. The expression ""Pre-packed commodity"", in my considered view, would mean and
include a commodity which is placed in a package of whatever nature so that the quantity or product contained therein has a pre-determined value
and contents of such carton cannot be altered without the package or its lid or cap, as the case may be being opened or undergoing a perceptible
modification.
Chapter II of the Rules provides that the said chapter will apply to packages intended for retail sale. Rule 5 provides that specific commodities
shall be packed and sold only in standard packages. The rules provide for declaration, prescribe the declaration to be made with reference to
dimension of certain commodities and dimension and weight to be made in packages in certain cases, etc. These rules will not even by implication
include electronic equipments like television sets or audio equipment, as their units or scales depend upon their range, capacity, sound reproduction
or multiplication.
The I Schedule to the Rule prescribes the maximum permissible errors in relation to the quantity contained in the individual package. The II
schedule prescribes the maximum permissible error on any quantity by weight or volumes. The III schedule prescribes the commodities to be
packed in specific quantities. In all, there are twenty entries in the III schedule, which are specific commodities in terms of Rule 5. They are Baby
food, Weaning food, Biscuits, Bread, Coffee, Tea, Milk Powder, Detergents, Rice, Soaps, Cement, Paints, etc. But they do not include nor taken
electronic gadgets or equipment or products.
The IV Schedule prescribes the declaration of quantity in relation to commodities sold by weight or volume which include alcoholic liquors,
animal feed, bread, butter, cake, cream, fertilizers, fruits, toilet soap, etc. This schedule also do not include nor taken electronic equipments or
products, such as T.V., etc. The v. Schedule also do not include electronic products. The VI schedule merely refers to numbers. The X schedule
provides for the determination of net quantity of commodities contained in packages.
The Standards of Weights and Measures (General) Rules, 1997 and the schedule appended or specification of standard provided therein had
been contemplated or provided for measures or dimensions or basic units, but not in respect of electronic gadgets like television sets, audio visual
equipment, etc., or the manner or standards of evaluating the quality or clarity or quantity or capacity of those electronic equipment with reference
to their size or performance or mass or weight.
A reading of the Standards of Weights and Measures (Approval of Model) Rules, 1987 and the Schedules appended thereto nor the
standards of weights and measures (National Standard) Rules, 1988 and the schedules appended thereto only provide for standards with respect
to derived units and their symbols, derived units in relation to mechanics, derived units in relation to heat, derived units in relation to electricity and
magnetism, derived units in relation to electromagnetic radiation and light, derived units in relation to physical chemistry or molecular physics or
relation of ionizing radiations and none of them provide the manner, method or the basis or basic unit to measure the capacity or quality or clarity
or standard performance of electric gadgets like television, audio or sound equipment.
The electronic gadgets like television sets or audio equipment are being measured or their capacity is determined with reference to their
reproduction capacity of video exhibition or audio exhibition or the propagation of sound or in sound voltage and not in terms of measures like
mass or volume or length or the basic units as has been provided for under the Act.
Capacity of amplifier depends upon the output power of each particular set. It is denoted as PMPO or RMS in watts. So also its left side and
right side generation is estimated depending upon its output power, the respective of noise, signal, ratio, frequency response, input sensitivity, etc.
Frequency of Compact Disc Players ranges from 20 Hz to 20,000Hz. Tuner is fixed in terms of FM wave range or MW wave range. It ranges
from 0 to 1,700 M Hz or K Hz. With respect to tape recorders, tape decks, frequency is also measured in terms of tape and the measurement
being in Hertz. The specification regarding the speaker system also is on a different scale or basic system.
Unit of frequency is Hertz. It is equal to one cycle per second. The unit of frequency, which is equivalent to one cycle per second, which has
got a period of one second has got a frequency of one Hertz. Hertz is the unit of frequency of change in state or cycle in a sound wave alternating
current or cyclical wave form and one cycle per second. In acoustic sound range to human hearing is from 0 Hz to 20 K Hz. The unit of measure is
named after He-inrich Hertz. The German physicist.
Hertz is the modern name signifying the scale for cycles per second. In other words, it is the number of times per second a wave passes a given
point. K Hz means thousands of cycles per second. 25 K Hz means 25,000 cycles per second.M Hz is the abbreviation and it means millions of
cycles per second. The expression 34 M Hz means 34 millions cycles per second. Similarly, Giga is used for billion and Tera is used to denote
Trillion.
The amount of communication signal in relation to the amount of interference or noise on the medium is used to be expressed in Decibels.
Decibel is the unitless method of expressing the ratio of two quantities. It is an expression in terms of the logarithm to the base 10 of the ratio
instead of the raw ratio.
In Radio frequency (RF circuits and systems), the calculation of power becomes more complex as they are different from frequencies, since
alternating current is affected not only by resistance, but by reactance.
Ohms/Amperes are the basic measurements with respect to power transmission and distribution. The products of the RMS voltage and
Ampereage which is a different basic system of measurement of electricity, distribution of electricity and electronic gadgets.
Volts are units that measure electromagnetic force such as a battery in a flashlight or car. Voltas measure the difference in electrical potential
that causes a current of one ampere to flow through a conductor with resistance of one Ohm.
As already pointed out, Amplifier is an electronic component with base voltage or power level of a signal that is the linear replica of the input
signal, with greater power or voltage level, and sometimes it gives an impedance transformation. The output made also by a nonlinear analogy
function of the input signal as in a signal comparison device. Amplifier is an electronic device that increase the voltage, current or power of a signal.
Amplifier are used in wireless communications and broadcasting and in audio-visual equipment of all kinds.
Amplifiers may be categorised as either weak signal amplifiers or power amplifiers. Weak signal amplifiers are used primarily in wireless
receivers and they are also employed in acoustic pickups, audio tape players and compact disc players. The weak signal amplier is designed to
deal with exceedingly small input signals. In some cases measuring only a few nanowatts. This amplifier normally generates minimal external noise,
while increasing signal voltage by a large factor. The specifications denotes the effectiveness of a weak signal amplifier, its sensitivity and is defined
as the number of microvolts of signal input that produce a certain ratio of signal output to noise output. Power amplifiers are used in wireless
transmitters, broadcast transmitters and hi-fi audio equipments. The most frequently used device used for power amplification is the bipolar
transistor.
However, vacuum tubes, commonly known as valve also provides superior fidelity. Important consideration in power amplification are power
output and efficiency. Power output is measured in watts or kilowatts. Efficiency is the ratio of signal power output to total power output. In audio
applications, power amplifiers are 30 to 50% efficient. In wireless communication and broadcasting transmitters, efficiency ranges from 50 to 70
%. In hi-fi audio power amplifiers, distortion is also an important factor. It is a measure of the extent to which output wave form is a faithful
replication of the input waveform. The lower the distortion, in general, the better the fidelity of the output sound.
None of the above basic system of evaluation of an electronic gadget like amplifier, radio or wireless or television, finds a place nor it was the
subject matter of legislation in the enactment or the standards and specifications prescribed under the Schedule to the Act and the Rules framed
therein.
The very basic measurements in respect of these matters are totally different as against the basic measurements of Length, Breadth, volume,
weight, Time, Distance, etc. If we take the basic measurements as Hertz, as the modern name for cycles per second, which have no relevance to
the basic measurements of length, breath or volume or weight as the case may be or the quality of the other physical bodies, but they relate to the
capacity of an electronic gadget or the capacity for reproduction by the amplifiers or the acoustical effects or acoustical feedback, or clarity or
capacity to maintain signals and frequency ranges, as the case may be.
The electronic gadgets like radios, television sets, etc., are measured and their unit of frequency is Hertz, which equals one cycle per second.
The music power is also measured in terms of wave or wavelength consisting of music and the total output. Tapehiss is sound of the noise signal
produced by tiny random accumulation of particles in tape. Recording tape consists of a thin plastic volume to which is permanently bonded a
coating of magnetic material. There are various types of tapes, Ferrous Oxide, Super Avelon, Chromium-dioxide, Ferric - chrome and Metal.
Apart from the wavelengths, radio signals, there are two standard varieties, namely, ""FM"" and ""AM"" covering different bandlengths and
wavelengths. Modification for TV sound response is also different.
None of the provisions and the rules framed or the packing rules would even speak of or refer these electronic gadgets, nor it is the intention of
the legislature, nor they have framed rules or basic measurements, which cover these electronic items or gadgets like television, radio, amplifiers or
the items which normally produced or manufactured or assembled by the Petitioner-Company, nor their prices are being controlled or fixed or
notified nor it is a controlled commodity.
Specification of amplifier is different, tuner is different, CD player is different, cassette deck is different, main unit is different from speaker box
and various parts or other brands, as the case may be. So also the TV monitor, whose sound measurement or capacity or evaluation of parts are
based upon different basic units and they have neither been provided for nor been included nor been notified under the Act or the Rules of the
Schedules appended thereto.
The object of the enactment, the Standards of Weights and Measures Act 1976 is to establish standards of weights and measures in regular
interstate or commission in weights and measures and other goods, which are sold or distributed by Weight, measure or number and provide for
means connected therewith or incidental thereof.
The expression ""commodity in packaged form"" means commodity packaged, whether in a bottle or wrapper or otherwise in units suitable for
sale, whether wholesale or retail. In part II Chapter I of the Act, standards of weights and measures have been provided. They include unit of
weight or measure to be based on metric system viz., Base unit of length. Base unit of mass, base unit of time, base unit of electric current, base
unit of ther-modynaic temperature, base unit of luminous intensity, base unit of amount of substance as well as supplemental or derived or other
units of weight or measure and their symbols have been provided for and not scale or base units the electronic gadgets, like T.V., etc., are denoted
or measured.
Therefore, it is clear that none of the base units provided for in part II, Chapter I, includes or takes in the gadgets assembled or manufactured
or distributed or sold by the Petitioner-company. In respect of other basic system of measurement of capacity relating to sound or acoustics or
amplification or reproduction or transmission of electrical wave to sound wave and vice-versa, the same had not been contemplated or provided
for in the Standards of Weights and Measures Act, 1976 as well as the Standards of Weights & Measures (Packaged Commodity) Rules, 1977.
The Standards of Weights and Measures (Packaged Commodities) Rules, 1977, which was framed in exercise of power conferred u/s 83 of
the Standards of Weights and Measures Act, 1976, apart from other classes of definition defines the expression ""pre-packed commodity"".
Chapter II of the Rules applies to packages intended for retail sale and it prescribes various rules and regulation to enforce provisions of the Act.
Table-I do not take in the electronic items like radios, television, amplifiers or other gadgets. Rule 13 provides the statement of units of weight,
measure or number and these units also do not take in the units as elaborated above with respect to sound or resistance or conversion of sound
length to Wave length, and vice-versa. The Rules only relate to Length, Breadth, Depth, Volume or Weight in Kgs. or Grams as the case may be
or multiples thereof.
Even the first schedule of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, it does not take in the electronic
gadgets like radios, television, amplifiers, etc., as one of the scheduled commodities or one of the items which alone are required to be packed and
which package has to contain details enumerated in the Rules. Television, etc., items also do not fall under the Third schedule or the Fourth
Schedule or the Fifth Schedule or any other schedule appended to the Standards of Weights and Measures (Packaged Commodities) Rules,
1977.
The electronic gadgets referred to above are not one of the items, which are included in the Standards of Weights and Measures Act nor
included in the Standards of Weights and Measures (Packaged Commodities) Rules, nor it is covered by the Standards of Weights and Measures
(General) Rules, 1987. In other words, the provisions of the Weights and Measures Act as well as the Rules including the Packaged Commodity
Rules do not take in or cover the said electronic items assembled by the Petitioner and a new legislation has to be brought in so as to cover these
items as their standards are different, specifications are different, scales are different and basic systems are also different. The goods are consumer
durables and electronic goods, which require demonstration of their functioning. Electronic goods such as television, audio equipment, computers,
etc., manufactured or assembled by the Petitioner company will not fall in as one of the commodities, which are sold by weight, measure or number
nor they attract the provisions of the Act and the Rules as they stand today.
Hence, it is clear that the Standards of Weights and Measures (Packaged Commodities) Rules 1977 as well as Standards of Weights and
Measures Act, 1976 will have no application to the electronic gadgets. The relief prayed for in this writ petition in respect of television, audio-video
equipment, computers, amplifiers and other electronic gadgets or equipments, it is declared do not fall within the purview of the said Act and the
Rules and, consequently, the Respondents have no authority or jurisdiction to take any action or insist compliance of the provisions of the Act and
the packaged commodities Rules in respect of those items.
In the circumstances, the sole contention advanced by the counsel for the petitioner has to be sustained. Consequently, both the writ petitions
are allowed as prayed for in respect of television, audio, video. CD Players or colour television or computer monitors or alike and the actions
taken by Respondents 3 and 4 are illegal and without jurisdiction and they shall not proceed further against the Petitioner, parties shall bear their
respective costs. Consequently, connected W.M. Ps are closed.
Before parting with the case, this Court is constrained to add that the Legislature should bring in appropriate legislation for enforcement of
standards even in respect of electronic gadgets or standards and specifications should be provided for by appropriate legislation at the earliest and
without delay.