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2024 Supreme(Online)(DEL) 2781
HIGH COURT OF DELHI
Anish Dayal, J
ANIL MITTAL & ORS. – Appellant
Versus
BUREAU OF INDIAN STANDARDS – Respondent
CRL.M.C. 5509/2024
RAGHAVENDRA MOHAN BAJAJ
The current Bureau of Indian Standards does not cover electric food mixers with motors exceeding 750 watts, and revisions are being made to include higher wattage appliances.
Headnote:(A) Bureau of Indian Standards Act, 2016 - Sections 17 and 29 - Complaint filed under Section 200 Cr.P.C. alleging offences for selling products without a valid BIS licence - Petitioners manufacture electric food mixers using motors of 900 W, which are not yet covered by BIS standards. (Paras 1-4)
(B) Legal compliance - Petitioners have a history of adhering to standardization requirements since 1979. (Para 2)
(C) Current standards - BIS standards apply only to motors not exceeding 750 W, and revisions are underway to include higher wattage appliances. (Para 4)
Facts of the case:
The petitioners are accused of selling electric food mixers without a valid BIS licence, as the products exceed the current wattage standards.
Findings of Court:
The impugned order is stayed pending further proceedings.
Issues: Whether the petitioners violated BIS regulations by selling higher wattage mixers without a valid licence.
Ratio Decidendi: The court noted that the current BIS standards do not cover the petitioners' products, and revisions are in progress to address this gap.
Result: The impugned order is stayed until the next hearing.
CRL.M.A. 21025/2024 (Exemption)
1.Exemption allowed subject to just exceptions.
2.Application stands disposed of. CRL.M.C. 5509/2024 alongwith CRL.M.A. 21024/2024 (Stay) 1. This petition has been filed for setting aside impugned order dated 25 th August, 2023 passed in Complaint Case No.1131/2023 titled as “ Bureau of Indian Standards v. Anil Mittal & Ors ”. The said complaint was filed under Section 200 Cr.P.C. alleging offences under Section 17 r/w Section 29 of the Bureau of Standards Act, 2016. The factual context is that the petitioners are manufactures and sellers of Sujata Electric Food Mixers-Juicers-Grinders using motors of 900 W (input wattage). The allegation was that they have been sold without a valid BIS licence violating QCO: 5243 (E) and BIS Act during the raid conducted at the premises on 12th January, 2023.
2.Mr. Raj Shekhar Rao, Senior Counsel for the petitioner points out that the petitioners are the partners of a firm Mittal Electronics which has been manufacturing these products since 1979 and have a strict policy of complying with all standardization requirements.
3.This particular product of the mixer uses a 900 Wattage motor which does not have a standard prescribed by the BIS, as yet. The BIS standard is for motors not exceeding 750 Wattage being standard No. IS:4250:1980, as amended from time to time.
4. He further points out to the notice dated 26 th September, 2023 published on a website of the respondent/BIS which stated that:
- “3. At present the Domestic Electric Food-Mixers (Grinders and Liquidizers) having input rating more than 750 watts are not covered in the scope of IS 4250:1980 and hence outside from the purview of Bureau of Indian Standards Kitchen Appliances (Quality Control) Order, 2018. However, the concerned technical department of BIS is in the process of revising this Indian Standard specifically pertaining to the rated input requirements for food mixers and centrifugal juicers. In the revised version, there will be no limitations on the power input value.
- After revision of this Indian Standard, the domestic Electric Food-Mixers (Liquidizers and Grinders) having higher input rating will automatically get covered in the scope of QCO.” [Emphasis Supplied]
5.In this view of the matter, issue notice to the respondent on steps being taken by the petitioners through all permissible modes including email.
6.In the meantime, the impugned order shall stand stayed till the next date of hearing.
7. List on 21 st October, 2024.
8.Order be uploaded on the website of this Court.
