SHAIK MOHAMMAD FEROZ Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 30.07.2008, passed by the III Additional Metropolitan Sessions Judge, Hyderabad, in Criminal Appeal No.482 of 2007, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offences punishable under Sections 51 read with 63 and 52A(2) read with 68A of the Copyright Act, 1957 (for short 'the Act 1957') vide the judgment dated 12.11.2007 in C.C.No.412 of 2006 by the XIV Additional Chief Metropolitan Magistrate, Hyderabad, was confirmed.

(2.) THE revision petitioner herein is the accused, whereas respondent is the complainant in C.C.No.412 of 2006 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C before the trial Court.

(3.) THE brief facts of the case are that PW.1 being the Co -ordinator in Andhra Pradesh Film Chamber of Commerce, Hyderabad, conducted survey regarding the illegal business of pirated VCDs and noticed that the accused was indulging in the said business. Then, he lodged a complaint at Panjagutta police station, got registered it as a case in Cr.No.744 of 2006 for the offences punishable under Sections 51 read with 63 and 52A(2) read with 68A of the Act 1957 and obtained the search proceedings. Thereafter on 14.09.2006, PW.1 along with PW.3 and punch witnesses, went to Ruby VCD Library situate in H.No.6 -3 -1124/A, B.S.Maqtha, Begumpet, Hyderabad, served the copy of search proceedings on the accused and seized 24 pirated VCDs of Telugu movies and 30 pirated VCDs of English movies from him under the cover of seizure panchanama. As those VCDs do not contain mandatory requirements as per the Act 1957 and as the accused is not having any license or written consent of the copyright holder of those movies, he caught hold the accused, arrested him and after completing the investigation, filed the charge sheet into the Court.