A.N.VARMA, J. - (1.) This petition is directed against an order dated 17/07/1981 passed by the Controller, Weights and Measures, U.P. Lucknow, in an appeal filed by the petitioner against the decision of the Senior Inspector of the said Department dated 20-1-1980.
(2.) Learned counsel for the petitioner states that this petition is confined to the decision of the Controller on the third issue formulated by him in the impugned order. The issue was; "Whether the marking on Rubber bales was as per provisions of packaged Commodities Rule, 1977" (the correct description of which is the Standards of Weights and Measures (Packaged Commodities) Rules, 1977). The finding recorded by the Controller on this issue runs as follows:- "As regards issue No. 3, in case you want to seek exemption under Rule 34 of the packaged commodities Rules, 1977, you should unambiguously indicate on the packages of Rubber bales the words "not for sale, packed specially for exclusive use as Raw Material within the factory."
(3.) The petitioner is a Public Ltd. Company. It has a factory at Fatehgarh (West), District Bareilly, in which it manufactures Synthetics Raw Rubber and other chemicals from industrial alcohol. The assertion is that the commodity manufactured by the petitioner is used as raw material in the manufacture of certain rubber products such as tyres etc. It is further asserted that the petitioner does not sell raw rubber in pre-packs or packages. In short, the case is that the raw material manufactured by it is not sold as a pre-packed commodity.;