SHYAM SUNDER BHARTIA Vs. NCT OF DELHI

JUDGEMENT

(1.) In these petitions, inherent jurisdiction of this Court for quashing of criminal proceedings initiated through a complaint before the Metropolitan Magistrate has been invoked.

(2.) The respondent, Bureau of Indian Standard (hereafter referred to as "BIS") was set up pursuant to a Parliamentary enactment in 1986. A complaint dated 5.9.2000 was received by it from one Deepak Gupta of M/s. Newtech International. The informant was an approved contractor specializing in water proofing treatment and handling various public projects. He alleged that for approval of materials i.e. "integral water proofing compound" carrying the trade mark "VAMIPLAS 302" (of the standard mark bureau manufactured by M/s. Vam Organic Chemicals Limited, the company which is now known as Jubilant Organosys Ltd., arrayed as accused in the proceedings), manufactured in February 2000 bearing batch No. 760001, was sought for. It was alleged that the NDMC had forwarded a sample of the product to a Research Institution for testing which led to a negative result and that the manufacturer accused was using a licence on products manufactured for the month of February 2002 despite expiry of the certificate.

(3.) The BIS also alleged that the product was sold with its brand name VAMIPLAS mark with a standard mark through one of its authorised dealers, to the complainant Newtech International by different invoices. The BIS further alleged that the articles or products in relation to which the company/manufacturer used the standard mark were supplied without a valid licence. On the basis of these averments, it was alleged that the accused company and several of its functionaries including Chairman and the Managing Director and other Directors were guilty of having committed offences under Sections 11 and 30 of the BIS Act 1986.