STATE OF ANDHRA PRADESH Vs. NAGOTI VENKATARAMANA

JUDGEMENT

(1.) Leave granted.

(2.) Shri Prakash Reddy, learned counsel for the respondent has raised an interesting question of law in this case. The admitted facts are that the Inspector of Police, Urban Police Station, Tenali, Guntur District of Andhra Pradesh had in a raid on 23/12/1986 seized 90 cassettes of various cinematograph films in Telugu, Hindi and English under a panchnama attested by Public Witness 2 from the video library belonging to the respondent and laid the charge-sheet for an offence under Section 52-A read with Section 63 of the Copyright Act, 1957 (for short, "the Act") as amended in 1984. The trial court after adduction of evidence of PWs 1 to 3 and production of Exs. P-1 and MO-1 convicted the respondent under Section 63 of the Act for minimum sentence of six months and also imposed a fine of Rs. 3,000. 00. In default, he was directed to undergo simple imprisonment for a further period of one month. On appeal, the Sessions Judge, Guntur confirmed the same. In Criminal Revision No. 665 of 1989 and CRC No. 666 of 1989 the High court of A. P. by judgment dated 17/9/1990 acquitted the respondent of the offence. Thus these appeals by special leave.

(3.) The facts as found and not in dispute are that the respondent had kept in his shop by name Video City, various cassettes numbering 90 in Telugu, English and Hindi cinematograph films exhibiting the same either for hire or sale to the customers. The question, therefore, is whether the respondent has committed infringement of a copyright or deemed infringement thereof. The Statement of Objects and Reasons to Amendment Act 65 of 1984 reads as under: