CHAINSINGH Vs. STATE

JUDGEMENT

(1.) The petition is to quash the final report for the alleged offences under Sec. 63 of the Copyright Act, 1957 and Sec. 420 of the Indian Penal Code.

(2.) It is alleged in the final report that the petitioners were found in possession of counterfeit Adidas/Reebok ready-made Garments, Tags, Accessories and Labels; thus, they committed the aforesaid offences.

(3.) Mr. I.Abdul Basith, the learned counsel for the petitioners, would submit that the offence under Sec. 63 of the Copyright Act, 1957 is not made out on the allegation; that the Copyright is applicable only to the works mentioned in Sec. 13 of the Copyright Act, 1957; that it does not apply to the Garments and other products which are mentioned in the impugned final report; and that there is no complaint from any person or consumer that they have been cheated by the purchase of any of the goods sold by the petitioners, and in the absence of such an allegation, the offence under Sec. 420 IPC is not made out. He relied upon the Judgment of Madhya Pradesh High Court in Kasim Ali vs. the State of Madhya Pradesh dtd. 13/6/2016 in Misc. Criminal Case No.1362 of 2015 in support of his submission that in a similar case, the Madhya Pradesh High Court had held that neither Sec. 63 of the Copyright Act, 1957 nor Sec. 420 of the Indian Penal Code, 1860 is attracted.