Bombay HC Bars Sale of Non-BIS Helmets Seized from Andheri Showroom
The Bombay High Court has ruled that the sale of non-compliant imported helmets is disallowed, rejecting a plea by an Andheri-based seller whose consignment was seized for failing to meet Bureau of Indian Standards (BIS) norms. In an order issued on August 4, a bench of Justices Bharati Dangre and Manjusha Deshpande stated that allowing the sale of two-wheeler helmets that do not meet Indian safety standards was "out of the question."
The petition was filed by Project Revolt LLP (PRL), which operates the Lazy Ass Bikers showroom in Andheri. The firm had approached the High Court after the BIS confiscated 90 imported safety helmets during a search and seizure operation at its premises on December 3, 2021.
The helmets were seized after officials found they failed to comply with the Quality Control Order (QCO) enforced on June 1, 2021, which made the IS 4151:2015 standard mandatory for all two-wheeler helmets sold in India. PRL had imported the headgear from countries including France, the USA, Taiwan, Italy, Malaysia, the United Kingdom, Germany, and China between 2016 and 2021.
Seeking the return of the seized stock, PRL argued before the court that the helmets were imported before the QCO took effect and had a shelf life of three to five years. The firm also contended that the headgear conformed to European Standards, which its counsel argued were more stringent than Indian safety norms. Additionally, PRL sought relief from prosecution initiated by the BIS in an Andheri magistrate court in April 2022.
The BIS countered that European Standards could not be compared to Indian regulations. Officials explained that Indian Standards mandate that protective padding cover all areas of the shell and cap the maximum weight at 1.5 kilograms—requirements not present in the European standard. The BIS added that the Indian norms were formulated following 2016 Supreme Court directions in consultation with AIIMS doctors to suit local climatic conditions.
While refusing to permit the sale of the non-compliant helmets, the High Court partly allowed the seller's plea by asking the BIS not to pursue prosecution against PRL. This came after the seller agreed not to sell the seized helmets anywhere in India, aligning with the bureau's statement that prosecution could be withdrawn if the products were kept off the market.
