Srinagar, July 3: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has quashed criminal proceedings against Hindustan Coca-Cola Beverages Pvt. Ltd. in a case related to alleged dual Maximum Retail Pricing (MRP), holding that no law prohibited manufacturers from declaring different MRPs for identical packaged products prior to 2018.
The case arose after a 600 ml Coca-Cola bottle was found being sold for ₹60 at Domino’s Pizza in Katra, while the same product carried an MRP of ₹35 in the open market. Authorities had initiated criminal proceedings against the company over the pricing difference.
Delivering the judgment, Justice Rajnesh Oswal observed that, on the date of inspection—October 25, 2016—neither the Legal Metrology Act, 2009 nor the Legal Metrology (Packaged Commodities) Rules, 2011 barred manufacturers from prescribing different MRPs for the same pre-packaged commodity.
The Court further held that the statutory prohibition on differential MRPs was introduced only after the insertion of Rule 18(2A), which came into effect on January 1, 2018. Since the amendment was prospective in nature, it could not be applied retrospectively to transactions that took place before its enforcement.
Accordingly, the High Court quashed the criminal proceedings against Hindustan Coca-Cola Beverages Pvt. Ltd., reaffirming that no offence was made out under the legal framework that existed at the time of the alleged violation. (KNC)
