Misusing the National Emblem

In a bizarre concept of proving themselves authorised, various shops in south Delhi have been illegally using the National Emblem in their shops.
Cityplus reporter noticed the usage of the National Emblem at various phone booths, tobacco stalls and juice corners. A board stating 'Approved by Delhi Government' is displayed along with the National Emblem.  
However, our reporter found out that most of these vendors do not know about this 'crime'.  They mistake the National Emblem as the Delhi Government logo. "My shop is situated beside MCD's zonal office. Many officers visit my shop. If I would have done anything wrong they would have informed me. I don't think I am at fault. It is an official seal of government and I am just using it," said Vir Singh, a shopkeeper at Lajpat Nagar.  
Some traders said that they have got these boards from government offices itself while some of them said they got it printed. "I have not printed this board. I got it along with the license. I am using it for a long time now and nobody has asked me to remove or change it," said Atul Sahney, a phone booth owner at Saket.  
Using National Emblem for personal benefit or any trade is a crime; one can get jail term if he does so. "We haven't got any report so far about this but it is a punishable offence. They should use Delhi government's mark and not the National Emblem. Before taking any action we will look into the matter," said Rajan Bhagat, Public Relation Officer, Delhi Police.
Advocate Raman Chopra explained, "As per the law, the violator can be awarded a rigorous imprisonment of up to two years or a fine of Rs 5,000 or both. However, if police found, during investigation, that it is not a cognizable offence then they could not file an FIR against violator."

Act
•    The State Emblem of India (Prohibition of Improper Use) Act, 2005 mentions that no person shall use the emblem for private purpose of any trade, business etc., or in the title of any patent, or in any trademark or design, except in such cases and under such conditions as may be prescribed.
• Private persons, bodies of persons and sports associations are not permitted to use the State Emblem on their letter-heads, seats, crests, badges, house flags or for any other purpose except with the permission of the Government.
•    No person shall use the emblem or any colourable imitation, thereof, in any manner which tends to create an impression that it relates to the government. As per the law, the violator can be awarded a rigorous imprisonment of up to two years or a fine of Rs. 5,000 or both.

Past cases
No one is above law
Vijender Singh case
The use of the National Emblem on the wedding reception card of Olympic bronze medallist boxer Vijender Singh landed his father and the printer into trouble. A non-cognizable report was filed in a court for the improper use of the National Emblem. The reception was hosted by the boxer's family at Kaluwas village in Bhiwani district May 18, around 300 km from Chandigarh. The invitation cards were distributed on behalf of Vijender's father Mahipal Singh.

West Bengal case
Calcutta High Court received a petition about the misuse of the National Emblem by 16 esteemed officers of the Indian Administrative Service and Indian Police Service officers in West Bengal. In response the Apex court, a division bench of Justice PC Ghosh and Justice Tarun Gupta directed the officers to reply to the notices.

--GORKY BAKSHI