PIYUSH SUBHASHBHAI RANIPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No. 865 of 2020 registered with Mohol Police Station, Solapur, District Solapur, under sections 418, 465, 482, 483, 485, 486, 488 r/w. 34 of the Indian Penal Code (for short 'IPC') and under section 63 of the Copyright Act, 1957. Subsequently section 103 of the Trade Marks Act, 1999 is also applied.

(2.) The First Information Report (for short 'F.I.R.) is lodged by one Prakash Gore. He was a Zonal Manager of Jain Irrigation System. His company received complaints that substandard goods in the name of their company were sold in the market. The informant received a secret information that one Eicher truck bearing No.GJ03/BV-9840 was carrying goods in the name of the complainant's company which actually were not genuine goods. That vehicle had started from Gujarat and was going towards Karnataka. On 19/12/2020, at about 4:00p.m. the informant and his associates saw that vehicle. They made inquiries with the driver Jeevan about the goods. He informed that the goods were loaded from Tera-flow company Ribda and he was going to Chadchan. He showed invoices. The invoice mentioned four different HDPE pipes worth Rs.94,485/-. The informant physically saw those goods. He saw that some goods were bearing mark 'Jain HDPE' bearing stamp of CML (Certificate of Manufacturing Licence) 7018761. That stamp was a forged stamp. The goods were being transported and sold using fake trademark and, therefore, he lodged this F.I.R. The investigation was carried out and the goods were seized.

(3.) A few legal questions arose while deciding this application. Therefore, I have heard Shri. Mandar Soman, learned counsel for the applicant, Shri. Ajay Patil, learned APP for the State. Shri. Aniket Nikam, learned counsel was requested to assist the court for deciding a larger issue as to whether offences punishable upto three years were bailable or non bailable.