@)) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9390 of 2005 For Approval and Signature: HON'BLE MR.JUSTICE M.R. SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- SEEP BEVERAGES PVT. LTD. THR' ITS DIRECTOR Versus UNION OF INDIA THR' SECRETARY -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 9390 of 2005 MR JAGDISH H MEHTA for Petitioner No. 1 MR PRASHANT MANKAD for Petitioner No. 1 .......... for Respondent No. 1,3-4 MR JS YADAV for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.R. SHAH Date of decision: 13/05/2005 ORAL JUDGEMENT #. Rule. Mr.J.S.Yadav waives service of rule on behalf of the respondent nos.2 and 3. Mr.Mehta, learned advocate appearing for the petitioner, seeks permission to delete respondent No.1. #. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today. #. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction directing the respondent authorities to grant licence for using BIS mark for the purpose of flexible pouches of 250 ML in view of the judgment passed by this Court in SCA No.14389 of 2004 and allied matters. #. Identical question came to be considered by this Court and by common judgment and order dated 15.4.2005 passed in Special Civil Application No.14389 of 2004 and other cognate matters, this Court has passed the following order. "12. Under the circumstances, the respondents are restrained from preventing the petitioners from using BIS Marking in respect of flexible pouches / sachets on condition that each of them shall comply with all requirements prescribed under the licence and meet with specifications as per IS : 14543 : 2004 and till new standard is for pouches for packaged drinking water is prescribed and / or specified by the Bureau of Indian Standards and new / amended Bureau of Indian Standards Certification Mark is specified by the Bureau of "Pouches for Packaged Drinking Water" and in cases where licences are already expired and their renewal is refused on the aforesaid policy decision of the Executive Committee, the respondent no. 2 is directed to renew the licence for pouches for packaged drinking water initially for a period of four months i.e. upto 15th July, 2005 and / or till the new and / or amended Bureau of Indian Standard Certification Mark for "Pouches for packaged drinking water" is specified by the Bureau whichever is earlier. This direction is issued in view of the fact that statement is made on behalf of respondent no. 2 BIS that new standard for pouches for packaged drinking water will be finalized by June, 2005 for implementation. It is, however, made clear that if it is found that any of the petitioners is not meeting with specifications and the norms as per IS : 14543 : 2004 and / or the conditions of licence, it will be open to the respondents to cancel / suspend the licence in accordance with law. 13. For the reasons stated above, the petitions partly succeed. The action of the respondents in not allowing the petitions to use BIS marking with IS : 14543 : 2004 in respect of flexible pouches / sachets and / or not to renew the licence for using BIS Marking in respect of flexible pouches / sachets i.e. IS : 14543 : 2004 is hereby quashed and set aside subject to aforesaid observations and conditions as well as directions above." #. For the reasons stated in the common judgment and order dated 15.4.2005 in Special Civil Application No.14389 of 2004 and other cognate matters, this petition partly succeeds. The respondents are restrained from preventing the petitioner from using BIS marking in respect of flexible pouches (sachets) manufactured by the petitioner on condition that the petitioner shall comply with all requirements prescribed under the licence subject to renewal of licence and respondent no.2 is directed to issue the licence for pouches (sachets) for packaged drinking water initially for a period upto 15th July 2005 and/or till the new and/or amended Bureau of Indian Standard Certification Mark for "Pouches for Packaged Drinking Water" is specified by the Bureau whichever is earlier. It is, however, made clear that if it is found that the petitioner is not meeting with specifications and the norms as per IS : 14543 : 2004 and/or conditions of licence, it will be open to the respondents to cancel / suspend the licence in accordance with law. #. Rule is made absolute with no order as to costs. (M.R.Shah,J) (pathan)