NEHAL CHAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner 1 Nehal Chand has been convicted under Section 432, Penal Code, and has been sentenced to pay a fine of Rs. 1000/-, in default, to undergo rigorous imprisonment for three months. The other two petitioners, Parmanand Verma and Ramautar San, have been convicted under Section 482 read with Section 109, Penal Code, and each one of them has been sentenced to pay a fine of Rs. 250/-, in default, to undergo rigorous imprisonment for one month.

(2.) P. W. 18, the complainant in this case, is the manager of the Muzaffarpur Branch, of Messrs. Moolji Bhai Mathur Bhai, manufacturers & sellers of 'biris'. On or about 25-2-1950, the complainant noticed a large consignment of 'biris' at the Muza-ffarpur railway station, and discovered that these 'biris' were wrapped up with labels, which, according to him, were colourable and obvious imitation of the label used for 'biris' manufactured by his firm. It was also discovered that the petitioner Parmanand, who, at one time, happened to be in the service of the complainant's firm, was in the service of Ramautar as his agent.

(3.) A large number of persons including the petitioners, were put on trial, but they have been acquitted by the learned Magistrate. Parmanand appears to be the selling agent working under Ramautar, who is alleged to be the stockist at Mu-zailarpur of the 'biris' manufactured by Nehal Chand.