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2024 Supreme(Ker) 269

DEVAN RAMACHANDRAN
Mohammed Manzoor Abdul Salam – Appellant
Versus
Bureau Of Indian Standards – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nisha George, George Poonthottam (Sr.), Kavya Varma M. M., Advs.
For the Respondent: Manoj Ramaswamy, S.Sreekumar (Sr.) Advs.

JUDGMENT :

The petitioner is stated to be the proprietor of a group of companies dealing in the manufacture and retail sale of gold ornaments and such other. He impugns Exts.P2 and P12 proceedings of the 1st respondent – Bureau of Indian Standards (BIS), whereby, his showrooms in Edappally, Ernakulam were raided and certain gold ornaments seized and placed in safe custody in the locker in his own premises, purportedly invoking the powers under Section 28 of the Bureau of Indian Standards Act, 2016 (‘Act’ for short). He asserts that these actions are peremptorily illegal because, they are in violation of the statutory scheme; and hence that he has been constrained to approach this Court through this writ petition.

2. Sri.George Poonthottam, learned Senior Counsel, instructed by Smt.Kavya Varma M.M. -learned counsel appearing for the petitioner, argued that the impugned actions of the respondents are in excess of jurisdiction, in colourable exercise of power and in blatant disregard to the provisions of the ‘Act’. The learned Senior Counsel took me extensively through Section 27 of the ‘Act’, to argue that a “Certification Officer”, as defined under it, shall have the power only to ins

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