BUREAU OF INDIAN STANDARDS Vs. JANAK RAJ

JUDGEMENT

(1.) THESE two revisions are arising out of the common order passed by the sessions and Spl. Judge at Bangalore, by order dt. 8-2-2000 in Spl. Case Nos. 47/97 and 48/97. The order assailed in Crl. R. P. 467/00 is in respect of Spl. Case No. 48/97 and the order assailed in Crl. R. P. 468/97 is in respect of Spl. Case No. 47/97.

(2.) BOTH these petitions are taken up together for disposal as they arise out of a common order.

(3.) THE brief facts leading to these revisions are that the Bureau of Indian Standards was established under the Bureau of indian Standards Act, 1986 (Act 63 of 1986)for harmonious development of the activities of Standardization, Marketing and Quality Certification of Goods and for matters connected therewith, the said Bureau received several complaints regarding the respondents in both the petitions that they were dealing in M. S. tubes, particularly the galvanised steel tubes as covered under IS 1239-Part-I used for water supply application and they were misleading the customers stating that the tubes were of ISI standards though the said products did not bear isi marks. In view of such complaints received by the Bureau, Sri. P. K. Batra, Joint director, BIS, New Delhi, lodged a complaint with the City Market Police Station, bangalore, stating that the respondents were dealing with M. S. Tubes in violation of Mild steel Tubes (Quality Control) Order, 1978, issued under S. 3 of the Essential Commodities Act, 1955, and as such requested the police to conduct raid and accordingly the complaint was filed and the same was registered on 3-12-1993.