Interesting point – Detention of imported goods “Lithium Ion Cell” for not affixing BIS markings / stickers on the “actual products” as per BIS Regulations, 2018
Imported goods “Lithium Ion Cell” – Detention for not affixing BIS markings / stickers on the actual products as per BIS Regulations, 2018
The petitioner – subsidiary of Bajaj Auto Ltd is engaged in manufacture and sale of electric scooters.
The product is manufactured by a foreign manufacturer “Panasonic” which has obtained registration licence under the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018.
The manufacturer had affixed BIS ark on the package of the product.
Important question is whether the BIS mark affixed on the package is sufficient compliance or it should have been actually fixed on the product.
HELD that Regulation 6 of 2018 Regulations requires that the “Standard Mark” shall be displayed on the article or the packaging, as the case may be in a manner so as to be easily visible. The approach of the concerned officers is in fact high handed, unknown to law and counter productive to the green initiatives of the Government of India to promote electric vehicles. Different yardstick cannot be applied to the goods covered by two bills and in clearing such goods covered by other seven bills of entries. The goods are illegally detained and without powers exercised under Section 110of the Act for such a long period. WP is allowed.
Judgment dated 2.11.2023 in W.P.No.10943 of 2023 in the case of Chetak Technology Ltd vs. Union of India and others
