- 1 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25813 OF 2023 (GM-RES) BETWEEN: M/S V.V.V. AND SONS EDIBLE OILS LIMITED NO 237-A4, BOMMASANDRA INDL AREA HOSUR ROAD, BANGALORE-99 REPRESENTED BY ITS MANAGER …PETITIONER (BY SRI. MANOHAR N., ADVOCATE) AND: THE LEGAL METROLOGY OFFICER INSPECTOR OF LEGAL METROLOGY INSPECTION SQUAD 2, NO 1, ALI ASKER ROAD BANGALORE 560052 …RESPONDENT (BY SRI.MAHANTESH SHETTAR, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE/ PROCEEDINGS NO. LMO/PC/CN/0692009/23-24 DATED: 20.08.2023 ISSUED BY THE RESPONDENT (ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayer: PRAYER 13. WHEREOF the Petitioner-Company prays that this Honorable Court may be pleased to: a) Issue a Writ of Certiorari or any other appropriate Writ, order or direction, quashing the Notice/ proceedings No.LMO/PC/CN/0692009/23-24 dated 20.08.2023 issued by the Respondent (Annexure- B). b) Grant such other reliefs which this Honorable Court deems fit in the circumstances of this case. 2. It is the case of the petitioner that the petitioner/Company started manufacturing Idhayam Brand by V.V.V. & Sons Edible Oils Limited in 1986 is sesame oil. The petitioner/Company sells the sesame oil in the states in India. The petitioner/Company started producing Mantra groundnut oil, hardil oil and hardil mustard oil in the year 2006 with good high quality edible oils. In the year 2001, the Company started Dots Idhayam Appalam Marketing. It is submitted that the respondent issued notice under Section 48 of the Legal Metrology Act, 2009 for compounding the offence on the ground that the Officer of the respondent has alleged and found the petitioner has violated prepacked packages upon inspection - 3 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 on 28.07.2023 at the trading premises of TVS Supply Chain Solutions Limited No.86, Kolarul Village, Hoskote Samethanahalli Grampanchayat, Bengaluru rural. It is stated that as per the impugned notice, if the petitioner fails to pay the compounding fees, the petitioner is liable for the offenses under Section 36 of the Legal Metrology Act, 2009. It is stated that the petitioner has replied to the notice dated 20.08.2023 issued by the respondent in detail that the petitioner has given their product net weight in terms of mass (grams) in both front side and back side referring to Legal Metrology (package commodities) Rules, 2011. But the same was not considered by the respondent. Hence, the petitioner has come before this Court. 3. Learned counsel appearing for the petitioner has made submissions reiterating the pleadings and submits that the impugned notice needs to be set aside and an opportunity may be given to the petitioner. 4. Learned Additional Government Advocate appearing for the respondent submits that the notice is issued under Section 48 of the Legal Metrology Act, 2009, which deals with - 4 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 compounding of offences. It is submitted that if the petitioner is not agreeing to pay the compounding fees, appropriate proceedings will be initiated. It is submitted that the Act do not contemplate any show cause notice and there is nothing to be determined or decided by the authorities. The petitioner can defend his case before the appropriate Court and not before the authorities as the authorities are not vested with the any of those powers as per the Legal Metrology Act, 2009. Hence, the writ petition is liable to be dismissed. 5. Having heard the learned counsels on either side, perused the entire material on record. A Co-ordinate Bench of this Court on 03.01.2024 had granted an interim order which is extended from time to time. When this matter came up on the last occasion, this Court had asked the learned counsel for the petitioner to show the provision under Legal Metrology Act, 2009, which speaks about issuance of show cause notice before issuing the communication under Section 48 of the Legal Metrology Act, 2009. A perusal of Section 48 of the Act makes it clear that whenever a notice is given under Section 48 of the Act, the party who is ready for the compounding of offences can pay the compounding amount. Rule 7(a) of the Karnataka - 5 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 Legal Metrology (Enforcement) Rules, 2011, deals with cognizance of offences notwithstanding anything contained in Code of Criminal Procedure, 1973. It states that the no Court shall take cognizance of offence punishable under the Act and the Rules made thereunder except upon a complaint in writing made by the Controller, any other Legal Metrology Officer authorized in this behalf by the Controller, any person aggrieved or recognized Consumer Association whether the person aggrieved is a member of the Association or not. No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences punishable under the Act and Rules made thereunder. In view of the same, when the respondents have issued the impugned notice, if the petitioner is not interested to pay the compound fees and if he wants to contest the matter, the respondent will take further steps and file a complaint and the petitioner would get an opportunity before the Court to defend his case. In that view of the matter, this Court do not find any reasons to interfere with the impugned notice dated 20.08.2023 issued by the respondent under Section 48 of the Act. Hence, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC:23824 WP No. 25813 of 2023 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 59