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Jammu Kashmir HC Quashes Coca-Cola Dual MRP Case, Says Differential Pricing Was Legal Before 2018
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Kashmir Life
Justice Rajnesh Oswal, in a judgment pronounced on July 3, set aside the complaint filed by the Legal Metrology Department and all consequential proceedings pending before the Judicial Magistrate First Class, Reasi.
The department alleged that charging Rs 60 amounted to overpricing in violation of Section 18 of the Legal Metrology Act, 2009, and Rules 2(bc) and 6 of the Legal Metrology (Packaged Commodities) Rules, 2011.
The High Court accepted this contention, observing that Section 18 of the Legal Metrology Act merely requires mandatory declarations, including the retail sale price, on packaged commodities.
Since the alleged offence took place in October 2016, the amended provision could not be applied retrospectively.
It accordingly quashed the criminal complaint titled Inspector Legal Metrology, Reasi v. Domino’s Pizza, Katra & Another, along with the order taking cognisance and all consequential proceedings.