DATTATRAY BAPU DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only issue arisen in this revision is "whether registration of a copyright is required" prior to launching a prosecution. Relx India Private Limited (REED ELSEVIER INDIA P. LTD.) Gurgaon, State of Haryana is engaged in the business of publishing books. They have authorised Eagle Eye Detectives Proprietor-Amiya Saxena to take action for publication of duplicated books in the name of the said company.

(2.) The first informant Saxena got information that such duplicated books are available at Jai Ambe Zerox at Parel. On 13/6/2017 one Jignesh Patel was found there and he has not noticed any duplicated books and materials. However, when he visited Janani Zerox, he foud Dattatraya Bapu Digheapplicant present there. During search he found duplicated books shown to be published in the name of Relx India Pvt. Ltd. which costs about Rs.10,703.00. He has also seized hard disk of a computer. He found various folders in the computer containing the soft files of various books published by Relx India Pvt. Ltd.

(3.) He realised that the applicant has copied the books published by the company and that is how the provisions of the Copyright Act, 1957 (In short 'Copyright Act') were breached. He lodged the complaint for violation of Ss. 63, 63B and 65 of the Copyright Act. It was lodged with Bhoiwada Police Station. The applicant was arrested and chargesheet was filed before the Court of Metropolitan Magistrate, Dadar.