G BUTTAN Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure by the petitioner seeking his release on bail in case FIR No. RC SIB 2006 E00 10 dated 8th December, 2006 registered with CBI EOU-V, under Section 120B IPC read with Section 52A punishable under Sections 68A/63/65 & 69 of the Copyright Act, 1957.

(2.) On a secret source information to the effect that a racket operated by the petitioner of M/s Shashi Audio & Video (P) Ltd. was involved in infringement of copyrights in cinematograph films by making, manufacturing, duplicating, distributing, importing, selling, offering for sale, hiring, offering for rent or hire unauthorised copies thereof in the form of Video Compact Disc, Video Cassette, Digital Versatile Disc, Laser Disc (Optical Discs) etc, in gross violation of the Copyright Act, 1957 a raid was conducted on 7th December, 2006 at a number of premises in Delhi including C-28, DSIDC Packing Complex, Kirti Nagar, New Delhi-plant unit of M/s Shashi Audio & Video (P) Ltd. and its office-cum-godown at A-168, WHS Timber Market, Kirti Nagar, New Delhi. In the course of raid conducted in the presence of independent witnesses recovery of a huge stock of pirated VCDs, DVDs, MP3, MP5, inlay cards, stampers, CD Writers, manufacturing/copying plates used for manufacturing VCDs etc. in gross violation of the provisions of Copyright Act, 1957 was effected, which were eventually seized. In view of the aforesaid recoveries of infringing materials, a case FIR No. RC SIB 2006 E0010 dated 8th December, 2006 under Section 120B IPC read with Section 52A of the Copyright Act, 1957 punishable under Sections 68A/63/65 & 69 of the Copyright Act, 1957 was registered against the petitioner and others. The seizures of incriminating materials effected also include pirated VCDs of latest films and MP3.

(3.) The petitioner was found involved in activities of duplicating various cinematographic films and music in VCDs and other forms through its advanced unit worth crores of rupees having a production capacity of 20,000 CDs per day.