NATIONAL ORGANISATION FOR TOBACCO ERADICATION Vs. KESHU RAMSAY

JUDGEMENT

(1.) This revision petition, is directed against the judgment/ order dated 26.3.2008 of the learned Sessions Judge, Panaji, by which the learned Sessions Judge has quashed the process issued against accused nos. 1, 2, 4 and 5 in criminal case no. 89/06/D. The Petitioner is the complainant in the said case. The respondents herein are the accused and shall hereinafter be referred to as such.

(2.) The complaint was in fact filed by the General Secretary of the complainant. The complainant claims to be a registered society, registered under the Societies Registration Act, 1860. The complainant claims that its objective is to create a tobacco-free society by (i) preventing non users to tobacco, particularly children, adolescents and young adults from taking to the tobacco habit, (ii) stopping the use of tobacco amongst those who have the habit and (iii) complete eradication of tobacco and tobacco products, and the complainant is seriously concerned to see that the Cigarettes and other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution ) Act, 2003 ( "the Act" for short) is not breached.

(3.) The grievance of the complainant is regarding a hoarding or billboard which was erected by the side of the NH-17 within the jurisdiction of JMFC, Panaji. The said hoarding showed a clip from a movie named "Family" in which accused no. 5 Amitabh Bachchan is potrayed as a Don smoking a cigar. There is the logo of Accused no. 3 M/s Anchor Daewoo India Limited on the top right corner and the following words written in the left-hand corner; "All the powers on earth could not change his family's destiny...." The words "Family" is written in bold letters and below it there is "ties of blood" and below that " Meri family Mein Hai" and still below that there are words written "Anchor team dependable" and below that there are switches, wires, MCB's etc. depicted, presumably manufactured by respondent no. 3 M/s Anchor Daewoo India Limited. A photograph of the said hoarding was produced before this Court. It does not require a discerning eye to say that it is an advertisement to advertise electrical appliances of said accused no. 3 M/s Anchor Daewoo India Limited. In other words the said hoarding showed accused no. 5 Amitach Bachchan endorsing electrical appliances of accused no. 3 M/s Anchor Daewoo India Limited as stated by the complainant himself. The said hoarding remained at that place from 25.12.2005 till 1.1.2006.