IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 15.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.No.30294 of 2023 M/s.Ratnashri Metals Rep by its Proprietor Mr.Girish Kumar Jain.B. No.22/3, Vannier Street, Chennai-600 001. ... Petitioner Vs

1.Bureau of Indian Standards Ministry of Consumer Affairs, Food & Public Distribution, Government of India Chennai Branch Office-I, CIT Campus, IV Cross Road, Taramani, Chennai-600 113.

2.G.Bhavani Scientist-'E'/Director & Head, Bureau of Indian Standards, Chennai Branch Office-I, Southern Regional Office CIT Campus, IV Cross Road, Taramani, Chennai-600 113. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct Respondents herein to de-seal and release the articles seized by the Respondents by proceedings dated 07.02.2023 under ref. No. CNBO/ 2/ 5/ 2023 at Petitioner's Premise at No.22/ 3, Vannier Street facing Mookernallamuthu Street, Chennai- 600 001.

For Petitioner : Ms.Rexy Josephine Mary for Mr.Akshay Samadaria For Respondent : Mr.Karthik Sundaran

O R D E R

The present petition has been filed by the petitioner seeking a direction to the respondents to release the seized articles back to the petitioner.

2. It is the case of the petitioner that pursuant to a notice, his business premises was searched in pursuance of Section 28 of BIS Act and during the said search, seizure memo was issued under which certain materials were seized, sealed and kept in the premises of the petitioner and was directed not to be removed without the previous permission of the Certification Officer or the Bureau. Inspite of numerous representations made, the last of which was on 3.8.2023, no order has been passed on the said representation and, therefore, left with no alternative, the present petition has been filed.

3. When the matter is taken up for hearing, learned counsel appearing for the st

1 respondent submits that pursuant to the inspection and seizure, a criminal case th has been filed before the 17 Metropolitan Magistrate, Chennai in C.C. No.26064/2023 on 9.11.2023 and if at all the petitioner has any grievance, it can be ventilated before the said court by filing appropriate application for return of the seized articles and a writ petition before this court is not maintainable.

4. This Court heard the learned counsel for the petitioner on the above, who fairly submits that liberty may be granted to the petitioner to approach the court concerned for return of the seized articles.

5. In view of the fair stand taken by the learned counsel for the petitioner, while this Court holds that this writ petition is not maintainable in view of the fact th that a case in C.C. No.26064/2023 has been filed before the 17 Metropolitan Magistrate, Chennai, this writ petition is dismissed granting liberty to the petitioner to file appropriate application before the concerned court where the case has been filed seeking return of the articles and if such an application is filed, the court below, which is seized of the matter shall consider the same and pass appropriate orders in accordance with law.

6. With the above observation, this writ petition is disposed of.

Consequently, connected miscellaneous petition stands closed. There shall be no order as to costs.

15.10.2025 Index : Yes / No Speaking Order / Non-speaking order Neutral Citation Case : Yes / No Nhs To

1.Bureau of Indian Standards Ministry of Consumer Affairs, Food & Public Distribution, Government of India Chennai Branch Office-I, CIT Campus, IV Cross Road, Taramani, Chennai-600 113.

2.G.Bhavani Scientist-'E'/Director & Head, Bureau of Indian Standards, Chennai Branch Office-I, Southern Regional Office CIT Campus, IV Cross Road, Taramani, Chennai-600 113.

M.DHANDAPANI, J.

Nhs W.M.P.No.30294 of 2023

15.10.2025