Fake BIS certificate for CRGO steel imports sustained, with confiscation and penalty upheld on documentary and supplier evidence.

A BIS certificate used for import of CRGO electrical steel sheets/coils was found to be fake because it bore an outdated standard mark, lacked competent signatures, was traced to editable soft-format preparation, and was denied by the foreign supplier. The record did not support the claim that the certificate was genuine, so the certificate was rightly treated as forged. Confiscation and penalty were therefore upheld on that basis.

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Issues: Whether the BIS certificate produced for import of CRGO electrical steel sheets/coils was fake or forged, and whether confiscation and penalty sustained on that basis were justified.

Analysis: The imported goods required a valid BIS certificate and conformity with the prescribed Indian standard. The certificate relied upon for the consignment bore an outdated standard mark, while the relevant standard had been revised. The employee who prepared the import documents admitted that the documents, including the BIS-related material, were prepared from editable soft formats on his laptop. The foreign supplier also denied issuing the certificate and confirmed that the impugned certificate was not genuine. The certificate further lacked signatures of any competent authority. On these facts, the defence that the certificate was genuine was not supported by the record.

Conclusion: The certificate was rightly treated as fake, and the findings confirming confiscation and penalty were upheld.

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