Legal Remedies for Legal Metrology Raids

Legal Metrology raids often target packaged goods compliance, labeling accuracy, LMPC licensing, or price-related issues. Here's a structured overview of available remedies if you're subject to a raid.

  • Cooperate with LM officers to avoid escalation.
  • Insist on proper seizure memos and receipts.
  • Submit written clarifications/objections to the officer or Controller.
  • Compounding of offences (Section 48): Pay compounding fee to avoid prosecution.

  • Appeal (Section 50): File within 60 days to Director (Legal Metrology).
  • Approach the Controller for review of officer’s actions, seizures, or penalties.

  • Writ Petition (Article 226): File in High Court for constitutional violations.
  • Judicial Magistrate Court: Defend prosecution with documents and arguments.
  • Anticipatory Bail: If arrest is anticipated, apply for bail.

  • RTI Applications: Seek raid records, orders, and authorization documents.
  • Filing Complaints: To department heads, consumer forums, or human rights commissions.
  • Consumer Courts: If raids were triggered by unjustified consumer complaints.

  • No intention (absence of mens rea)
  • Bona fide errors or clerical mistakes
  • Corrective steps taken quickly
  • Technical non-compliance without harm
  • Procedural faults by officers
  • CrPC violations in seizure/search

  • Section 48 – Compounding: Pay fine to avoid court proceedings.
  • Section 50 – Appeal: Challenge orders within 60 days to Director (LM).
  • Controller Review: Administrative review to reduce/reverse penalties.
  • Relaxation: Small procedural lapses may attract advisories instead of penalties.
  • Section 49 – Adjudication: Court-led process in non-compoundable cases, allowing full defense.

  • Conduct regular LM compliance audits.
  • Keep LMPC licenses updated.
  • Ensure all packaging meets declaration norms.
  • Use verified and calibrated weights/instruments.
  • Train staff on legal metrology rules and inspection protocols.