Fake ISI Mark on Roller Insufficient to Prove Offence: Kerala High Court Upholds Acquittal

The Kerala High Court has dismissed an appeal by the Bureau of Indian Standards (BIS) against the acquittal of a veneer manufacturing firm and its partners accused of possessing a spurious ISI mark. The prosecution alleged that officials found a roller bearing a fake ISI mark and a similar mark on the factory wall. However, no manufactured product bearing the mark was seized or produced before the court. The Court held that the Bureau of Indian Standards Act, 1986, penalise the "use" of a spurious standard mark, not "mere possession" of an object capable of affixing it. It upheld the acquittal, finding no evidence that the mark had been used on manufactured goods.