SIVASUBRAMANIAM Vs. VELRAJ

JUDGEMENT

(1.) THIS petition under Sec.482 of the Code of Criminal Procedure has been filed to modify the order passed by this Court on 24.1.1989 in Crl.M.P. No. 11437 of 1988, at the instance of the 1st respondent herein. In Crl.M.P. No.11437 of 1988 this Court passed an order directing the Judicial First Class Magistrate, Sanakarankoil to return all the bundles of "Pooja Power" match labels and match boxes after retaining one dozen match boxes and a few labels for the purpose of marking during trial, on the petitioner therein (Velraj) executing bonds as specified.

(2.) AT this stage, some facts require narrating: The petitioner filed a private complaint on 8.6.1988 before the Sub Divisional Judicial Magistrate, Koilpatti against the 1st respondent and three others for alleged offences under Secs.78 and 79 of the Trade and Merchandise Act. The trial Magistrate, on receipt of the complaint, referred it for investigation to the 2nd respondent under Sec.156(3) of the Code of Criminal Procedure. During investigation, the 2nd respondent seized labels and match boxes, which are alleged to contain deceptively similar trade mark of the petitioner. The seized property was produced before the trial Magistrate who directed the 2nd respondent to keep it in his custody.