RAJESH GOHIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court. Heard the counsel for the petitioner and the counsel for the State.

(2.) The petitioner has filed this anticipatory bail application as he has apprehension his arrest in respect of this case Le. Mango (Azadnagar) P.S. Case No. 503 of 2010 registered for the offence committed under Sections 420/511, IPC and under Sections 63/65 of the Copy Rights Act. 1957 and under Sections 103 and 104 of the Trade and Mercandise Marks Act (corresponding to G.R. Case No. 3103/2010), pending in the Court of learnedC.J.M., Jamshedpur.

(3.) The prosecution case, in short, as alleged in the complaint is that M/s. Tata Steel Ltd. got information that M/s. Rajesh Enterprises' factory is involved in manufacturing and supplying the fake TATA Agrico Implements all over Jharkhand, Bihar and in Kolkata markets manufactured in the name of TATA Agrico', TATA STEEL'. The further case is that the informant being the officer of M/s. Tata Steel and responsible for the said job and having power of attorney in his name to verify, went to the aforesaid factory at Mango, Jamshedpur on 21.11.2010 and on 22.11.2010, without disclosing his identity, posing himself as an ordinary customer quarreling for good quality agricultural implements. There was a man, who upon asking by the informant, told him that he was an authorized Conversion Agent of M/s. Tata Steel Company and the owner of the factory and his name is Babla. The informant has seen plenty of TATA marked Agrico Shovels of various sizes with TATA Logo printed on them. When the informant categorically asked the owner whether these were genuine TATA Shovels or not, to which he said that yes, these were genuine, original TATA Showels' and he was authorized Conversion Agent of M/s. Tata Steel Ltd. all over Jharkharid. It is further alleged that when the informant requested him to sell the Showels as sample, then the said man sold the informant the Shovels with Handle for Rs. 200/- and Showels with wooden Handle for Rs. 145/- only and also informed the informant that he could place the order for any amount of Tata Shovels with him, and he would make available through his factory. He further informed the informant that these Shovels in large quantity were also available with some of his partner's shop in Jugsalai and Bistupur market and were not only TATA Shovels but TATA Marked Buckets were also available. But, on enquiry, he did not disclose their names. It is also stated in the F.I.R. that M/s. Tata Steel Ltd. has not appointed Mr. Babla under any short contract for manufacturing Agrico Shovels nor they have sub-contracted the job for manufacturing of the same to the above mentioned party neither M/s. Tata Steel Ltd. have ever authorized them to use their TATA' Trade Mark.