DINA NATH KAPOOR Vs. STATE

JUDGEMENT

(1.) The applicant is a cycle dealer of Allahabad, At about 5 p.m. on the 18th November 1958 a search was made of his shop and four cycle frames bearing the name "Herculeans", four cycle frames bearing the trade mam "Philipines", one cycle frame bearing "BSC" and three cycle seats bearing the name "Brooks" were recovered. These trade marks were not the original trade marks of the various companies but had been made subsequently.

(2.) The case for the prosecution was that the trade marks were counterfeit and as the various articles were in the possession of the accused for sale he committed an offence under Section 486 I.P.C.

(3.) Both the courts below accepted the prosecution version and convicted and sentenced the applicant to a fine of Rs. 1,000/- under Section 486 I.P.C.