RANBIR PRAKASH Vs. STATE

JUDGEMENT

(1.) This petition arises out of an order passed by learned Metropolitan Magistrate on 26-4-82 and confirmed by an Addl. Sessions Judge, New Delhi on. 8-3-83 refusing to drop the proceedings that were initiated against the petitioner on a police report under Sec. 482, 483 and 485 IPC.

(2.) Stating briefly the facts are that on 5th February, 1981 S.I. Kanta Pershad of Special Cell (South Distt.) while on petrol with his staff came across one Ram Dhari near Sewa Nagar and found him carrying a bundle of printed lables 'Fowara Chhap Bidi'. Ram Dhari disclosed that he was an employee of the petitioner who was running a printing press at Haiderpur. On inspection of the press the S.I. discovered six bags containing 'Fowara Chhap Bidi' lables and dyes of different popular registered brands of Bidis. On further enquiry it was found that the petitioner was also having a godown at 519, Katra Neel Gali Krishna, Chandni Chowk, Delhi. On inspection of the said godown, 10 bags of loose Bidi and 73 bags of labels of different brand of bidies were found present in the godown and seized. On investigation it was found that the proprietors of various registered popular brand of bidies had not given any authority to the petitioner either to print labels of their brands or to pack for sale bidies with their brands of labels. It was thus found that the petitioner was counterfeiting the various registered popular trade marks of bidi manufacturers.

(3.) The learned Metropolitan Magistrate after taking cognizance ultimately found it to be a case under Sections 77 and 78 of the Trade and Merchandise Marks Act, 1958 and gave a notice of the same as envisaged by Section 250 of Cr. P.C. providing an opportunity to the petitioner to plead guilty or not guilty.