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2024 Supreme(Online)(Ker) 85605

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
BUREAU OF INDIAN STANDARD – Appellant
Versus
M/S AL KABIR GOLD & DIAMOND JEWELLERY – Respondent


Advocates:
D.KISHORE C.A.RAJEEV MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA)

COMMON ORDER

Gold has appreciated in value always. The consistent rise in value and easy convertibility of gold results in a surge in its demand. Complying with the standards of purity of gold is hence vital to prevent fraudulent activity. Gold and other precious metals are hallmarked to ensure that the standards of purity are met. The Bureau of Indian Standards Act, 2016 was enacted to provide for the establishment of a national body for the assessment and assurance of the quality of goods sold or exhibited for sale.

2. The officers of the Bureau of Indian Standards conducted searches at the petitioners' jewellery outlets and seized large quantities of gold ornaments, alleging various violations of the above-referred statute. Subsequently, the department filed two complaints, S.T. No. 1410/2024 and S.T. No.1411/2024, both before the Judicial First Class Magistrate’s Court, Kalamassery, alleging various violations. The accused filed applications for interim custody of the gold. These four cases revolve around the claim for interim custody of a portion of the gold seized.

3. Crl.M.C No.4834/2024 and Crl.M.C No.5305/2024 challenge the common order dated 23-05-2024 in CMP No.801/2024 i

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