JAI SINGH SEKHON, J. - (1.) M /s Cozy Micro Thermometer Industries, accused No. 1, is admittedly the manufacturer of Cozy micro clinical thermometers under the brand name Cozy. As per averments in the complaint Annexure P-1, respondent No. 1 had appointed accused No. 2 and 3, the present petitioners, as its distributors for thermometers in the States of Karnataka and Rajasthan respectively. The manufacturing concern of thermometers was granted a certification marks licence No. CM/L-8639 by the complainant for one year from 1-5-1980 to 30-4-1981 to use the mark ISI on their clinical the thermometers and exhibit IS : 3055. This licence was not got renewed by accused No. 1 after 30-4-1981. On the other hand, accused No. 1 issued letters to its distributors showing that authorisation to use ISI mark was still there. On the basis of this authorisation, the present petitioners are alleged to have placed some orders on behalf of Government Medical Store, Bangalore, for supply of 75,000 thermometers of ISI mark to the manufacturing concern. Accused No. 3, present petitioner Nfo. 2, also supplied 500 thermometers bearing ISI mark to Contral Medical Stores, Bhilwara. There is no allegation in the complaint that the present petitioners were aware of the expiry of the authorisation licence.
(2.) THUS it cannot be said that the accused-petitioners who were simply working as distributors of the thermometers under the manufacturing concern had made any misrepresentation regarding use of ISI certification mark to the concerned buyers or that they induced them on this misrepresentation to purchase thermometers even if the entire allegations in the complaint are taken to be true. Thus no case is made out under sections 13 and 14 of the Indian Standards Institution (Certification Marks) 1952, or sections 34/417 of the Indian Penal Code for violation of the provisions of sections 5 and 6 of the Indian Standards Institution (Certification Marks) Act, 1952. The continuation of the proceedings against these accused petitioners would certainly amount to abuse of the judicial process and harassment to them. The entire proceedings on the basis of the complaint are, therefore, ordered to be quashed so far as these relate to the accused-petitioners who are only distributors of the above referred thermometers by accepting this petition.;