LALJEE GODHOO AND COMPANY Vs. SARUDDIN MOHD ALI

JUDGEMENT

(1.) The accused were acquitted of the charges framed aoainst them. The defacto complainant filed the present revision petition.

(2.) On 23-4-1980 a complaint has been filed before the Magistrate alleging that M/s Sadruddin Mohd AM Kirana Merchant. Begum Bazar, Hvdera- bad are selllna Asafoetida, counter feiting the trade mark The complaint was forwarded to the sub Inspector of Police, Shahinayat Gunj Police Station where a case has been registered in Crime No. 62/80 under Sections 78, and 79 of the Trade and Merchandise Marks Act, 1958. and Sec. 420 IPC. During the course of investigation, it was revealed that A-2 and A-3 are dealing in the business of the firm M/s Sadruddin Md Ali Kirana Merchant (A-1). The SI of Police conducted search of the shop of A-1 on 23-4-1980 at 2.00 P M in the presence of Abdul Wahab and Narsimha (PWs 4 and 5) and seized 45 hags each containing 40 packets of 50 grams weight of compounded Asafoetida having trade mark L G. The seized property was sent to public Analyst on 26-4-1980 and the Analyst examined the lables on the saized property and gave the opinion Ex. P-6 that the labels are not that of the complainant, but counterfeited. A-2 and A-3 are managing the affairs of A-1 firm and are actually dealing in the business and are incharge of the business of the said firm. After the charge sheet has been filed the accused were questioned and they denied the commission of the offence. The charqes that have been framed against the accused are :

(3.) In support of its case, the prosecution has examined PW-1 Asst. Manager, M/s Laljee Godhoo & Company; P W-2 Sales Representative of M/s Laljee Godhoo & Company : P W 3, a purchaser from the acsused and PW-4 a Panch Witness to speak about the seizure and panchansma Ex P 4 PW. 4 has not supported the prosecution case and he was permitted to be cross-examined by the P P 0. P W 5 another panch witness stated that he was standing near the door at the time of the seizure. PW 6 is the S I of police who investigated the case.