GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is for quashing of FIR No. 141 dated 6.11.2009 registered at Police Station Lambra Tehsil and District Jalandhar under Section 63 of the Copyright Act, 1957, Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 420 IPC with all consequential proceedings. The aforesaid FIR has been registered at the behest of Sarabjit Singh Atwal, Mandi Officer Jalandhar alleging that the petitioners were using Trademark of some other firms on the bags of potatoes in order to send them to other States.

(2.) Mr. G.S. Sandhawalia, counsel for the petitioners, has argued that no offence under the Copyright Act, 1957 is made out. This Act is applicable to the work of art which can be dramatic in nature or literary musical or work of Architecture, painting or sculpture etc. The provisions of Trade and Merchandise Marks Act, 1958 stands repealed and Trademarks Act, 1999 has been notified. No offence under the Trade and Merchandise Marks Act, 1958 is made out as it has been repealed. In the Trademarks Act, 1999, except on a complaint in writing made by the Registrar, no Court shall take cognizance of an offence under Sections 107, 108 and 109 of the Trademarks Act. As per Section 115 (4) no police officer below the rank of Deputy Superintendent of Police can search and seize the goods for offence under Sections 103, 104 and 105 of the Act. This procedure has not been adopted.

(3.) Mr. Guninder S. Brar, AAG, Punjab, on the other hand, has argued that while checking the sale and purchase of transactions of potatoes being conducted by the petitioners, it was found that potatoes were sent to the other states with fake marks at Sampuran Cold Store. At the time of raid, four different logos of trademark were recovered and five gunny bags with different marks written on it were recovered. Recovery Memo is Annexure Rl. A challan has been presented in the Court on 14.6.2010. The case is now fixed for framing of charge. The petitioners were found using false trademark and the offence under the copyright Act and Trademarks Act is made out.