HC orders Samsung goods release

Taking a serious view against the weights and measures department for allegedly disregarding the orders of various courts staying the search and seizure of goods of Samsung India, the Delhi High Court on Wednesday directed the department to release the goods worth crores of rupees within two days.

A Bench comprising Justice S K Kaul and Justice Ravindra S Bhat directed the assistant  controller of legal metrology, WMD, to be personally present in the court on next date of hearing, likely to be in September, to explain under what circumstances goods were seized from the warehouse and a showroom of Samsung India Electronics.

SIEL alleged that search and seizure was conducted in violation of the provisions of the Standards of Weights and Measures Act, 1976 and the rules made there under.

Senior advocates Vinay Bhasin and J R Midha, appearing for SIEL, contended that despite the interim orders of the various High Courts including Bombay High Court order of March 18, 2004, the department searched and seized some packages of imported digital cameras on the ground that it did not bear the word "inclusive of all taxes" after MRP.

A day after June 1, on the same ground the assistant controller and inspector of the department sealed 225 packages containing video cameras, mobile phones, data cables and digimax cameras worth Rs 1.83 crore (Rs 18.3 million), SIEL claimed.

Their counsel contended that no notification has been issued by the Centre in respect of the goods seized and therefore the Act was inapplicable.

Besides, the stay of the Bombay High Court order, SIEL also referred to the Andhra Pradesh High Court judgement which held that the Act was inapplicable in respect of goods for which notification under Section 3 (1)(d) was not issued.