APRONTO TOOLS PVT LTD Vs. STATE

JUDGEMENT

(1.) This is a petition under S. 482 / 483 of Code of criminal Procedure for setting aside the order dated 23/04/1993 passed by a learned Addl. C.M.M. Delhi and for direction to the learned Addl. Chief. Metropolitan Magistrate for issue of the search warrants.

(2.) Briefly stated the facts of the case are that the petitioner company has been using the trade mark Pronto in respect of its goods, parts and fittings of automobiles. It is alleged that the petitioner learnt the falsification of the trade mark Pronto and reproduction of its packagings by certain unscrupulous manufacturers / sellers by use of identical and / or deceptively similar mark.

(3.) In view of the above facts, the petitioner filed a complaint in the Court of learned Addl. Chief M. M., Delhi against Jeet Auto Pvt. Ltd, and unknown persons / firms/ companies under S. 78/ 79 of the Trade and Merchandise, Marks Act and S.63 of the Copyright Act and S. 420 I-P-C- Alongwith the complaint, the petitioner also moved an application under S. 93 of Code of Criminal Procedure praying for direction for issue of General Search in order to ascertain the complete particulars of those persons / firms/ companies who are indulging in the commission of illegal activities and / or identity of the property connected with the commission of offence. A learned A.C.M.M., Delhi vide his order dated 6/04/1993 directed the complaint to be sent to the D.C. P. Crime for investigation under S.156(3) of Code of Criminal Procedure and to send the report on 12/05/1993. Thereafter the police submitted an interim report to the Court of A.C.M.M., Delhi on 19/04/1993 and it was submitted in this report that :.--