Bombay High Court Bars Sale of Non-IS Helmets Imported Pre-QCO, Allows Return for Disposal

A Helmets-Sized Exception Rejected

In a significant ruling on motorcycle safety standards, the Bombay High Court has held that helmets which do not conform to Indian Standards under the Quality Control Order, 2020 cannot be permitted to be sold or used after June 1, 2021 , even if they were imported prior to that date. The division bench of Justice Bharati Dangre and Justice Manjusha Deshpande, however, allowed the seized helmets to be returned to the petitioner—Project Revolt LLP—for destruction or lawful disposal, explicitly barring their sale in the market.

The Battle of Standards

Project Revolt LLP, a partnership firm dealing in motorcycle riding gear including imported safety helmets, sought the quashing of the seizure of its helmets and the criminal proceedings initiated by the Bureau of Indian Standards (BIS) . The firm argued that its helmets met the European Standards for minimum safety requirements, which it claimed are more stringent than the Indian Standard IS 4151:2015. It further contended that the helmets were imported before June 1, 2021 , when the Quality Control Order (QCO) took effect, and thus should not be subjected to the order's restrictions.

A Precedent from the BS-III Days

The court drew a parallel with the Supreme Court 's decision in M.C. Mehta v. Union of India (2017), which concerned the prohibition on sale and registration of BS-III compliant vehicles after April 1, 2017 . In that case, the apex court had observed that a limited exception allowing sale of BS-III vehicles could not be interpreted as a carte blanche for the automobile industry to continue manufacturing such vehicles until the last date and then argue for clearing accumulated stock. Applying this reasoning, the Bombay High Court concluded that the petitioner's request to sell the pre-QCO imported helmets in the market was entirely out of the question.

Why the Helmet Is Non-Negotiable

The court underscored the object of the Quality Control Order: to minimize the risk of death or serious head injury in motorcycle accidents. Noting that the BIS Act, 2016 prohibits manufacture, import, distribution, sale, storage, or exhibition for sale of goods covered by Section 16 without the Standard Mark and a valid licence, the bench emphasized that allowing non-compliant helmets into the market would defeat the very purpose of the safety regulation.

A Conditional Olive Branch

Recognizing that the prosecution of the firm's partners and officials hinged on mens rea , and that the BIS itself indicated it would withdraw the prosecution if the helmets were not sold, the court directed the BIS not to continue the criminal proceedings. It permitted the seized helmets to be returned to Project Revolt LLP, subject to the condition that they be destroyed or disposed of in a manner permitted by law. “...we accede to the request of the Petitioner of the helmets being returned to them, subject to the condition that the same shall be destructed/disposed of in such a manner which is permitted in law, but in no case, they shall be permitted to be sold in the market,” the court remarked.

Key Observations

  • "The object of the QCO was to ensure that the risk of death, even if at all the bike rider is met with an accident, is minimized and there is no serious damage to the head."
  • "...a limited exception of allowing sale of BS-III compliant vehicles could not be interpreted as a carte blanche to the automobile industry to continue the manufacture of BS-III compliant vehicles till the very last date and then plead the necessity of clearing accumulated stock of such vehicles."
  • "...we accede to the request of the Petitioner of the helmets being returned to them, subject to the condition that the same shall be destructed/disposed of in such a manner which is permitted in law, but in no case, they shall be permitted to be sold in the market."

The Court's Decision

The writ petition was partly allowed. The court quashed the criminal proceedings against the partners and officials of Project Revolt LLP, but emphatically rejected any possibility of selling the non-compliant helmets. By requiring destruction or lawful disposal, the court reinforced the primacy of public safety over commercial interests, setting a clear precedent for similar cases involving pre-QCO imports of goods that fail to meet Indian Standards.