Delhi District Court
State vs . Padam Singh Etc. on 6 April, 2018
IN THE COURT OF MS. CHETNA SINGH: ACMM-02
(CENTRAL), TIS HAZARI COURTS, DELHI
STATE Vs. Padam Singh etc.
New Case No: 297292/16
FIR N0. : 293/2003
U/S : 63 Copyright Act, 1957
PS : Subzi Mandi
Date of Institution : 31.05.2008
Date on which case reserved for Judgment : 06.04.2018
Date of Judgment : 06.04.2018
JUDGMENT
1. FIR No. of the case : 293/2003
2. Date of commission of offence : 28/29.10.2003
3. Name of the accused : (1) Padam Singh
S/o Sh. Dhan Singh,
R/o 3778, Kucha Mohtar Khan,
Mori Gate, Delhi-110006.
(2) Vinod Tayal
S/o Sh. Balraj Tayal,
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 1 of 11
R/o 469/70, Forest Lane, Neb
Sarai, Delhi.
(3) Radha Krishan @ Radhu
S/o Sh. Het Chand,
R/o 75, Rajendra Market, Tis
Hazari, Delhi.
(4) Raj Kumar
S/o Sh. Jhaman Dass,
R/o C-5/207, Sector-6, Rohini,
Delhi.
(5) Shankar Lal
S/o Sh. Krishan Chand,
R/o C-1/29, West Enclave,
Pitampura, Delhi.
(6) Jagdish
S/o Sh. Newand Ram,
R/o C-5/132-B, Rampura Marg,
Lawrance Road, Delhi. (Since
Discharged).
(7) Tulsi Ram Jain
S/o Sh. Nem Chand Jain,
R/o G-10, Budh Vihar, Delhi.
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 2 of 11
4. Offence complained of : 63 Copyright Act, 1957
5. Plea of accused : Pleaded not guilty.
6. Final order : Acquittal.
BRIEF FACTS
1. The story of the prosecution is that on 28.10.2003 at Shop No. 121, Rajender Market, Tis Hazari, Delhi, accused Padam Singh was found in possession of infringed/duplicate items i.e. 119 sheets of sticker of Servo Pump Oil each sheet containing 8 stickers, 2612 sheets of stickers of Servo Super Multigrade One Lts. Each containing 12 stickers, 66 small caps of Castrol, 142 medium size caps of Castrol, 15 large Caps of Castrol with spout, two Caps sealing machine (local made) and 4 used buckets of Castrol CRB plus and thereby committed an offence punishable u/s 63 Copyright Act, 1957.
On 28.10.2003 at Shop no.72, Rajender Market, Tis Hazari, Delhi, accused Shankar Lal was found in possession of infringed/duplicate items i.e. white petrol Castrol 150 Nos. bottles red colour Castrol Caps 464 Nos, Stickers of Servo Pride 5 liters, 449 No.s2 stickers on each paper, duplicate stickers of Servo Pride 1 liter, 125 each paper having 4 stickers, duplicate stickers of Servo Super Multigrade each FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 3 of 11 paper having four stickers, duplicate stickers of Servo Maruti each paper having 2 stickers, duplicate stickers of Castrol CRB Plus each paper having 8 stickers, duplicate stickers of Castrol PSO 2 each paper having 15 stickers, duplicate stickers of Castrol Super TT each paper having 18 stickers, duplicate stickers of Castrol GTX Extra each paper having 5 stickers and duplicate Castrol adhesive tapes and thereby committed an offence punishable u/s 63 Copyright Act, 1957.
On 29.10.2003 at house cum shop No. 75, Rajender Market, Tis Hazari, Delhi, accused Radha Krishan was found in possession of infringed/duplicate items i.e. a white colour plastic bag containing 391 duplicate plastic containers of Servo and thereby you committed an offence punishable u/s 63 Copyright Act, 1957.
On 28.10.2003 at Shop no. 105, Rajender Market, Tis Hazari, Delhi, accused Raj Kumar was found in possession of infringed/duplicate items i.e. 3600 duplicate aluminium large empty pouches of Castrol, 2100 duplicate aluminium small empty pouches of Castrol, 500 duplicate Castrol CRB Puls Card Board boxes and 1500 duplicate Castrol GTX card board boxes, 500 duplicate Castrol CRB puls large card board boxes and 500 duplicate Castrol GTX large card board boxes, 300 duplicate Servo empty plastic containers of half liters and 83 duplicate Servo empty plastic containers of half liters and 397 duplicate Servo plastic caps and thereby committed an offence punishable u/s 63 Copyright Act 1957.
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 4 of 11 On 29.10.2003 at premises M/s. Tayal Enterprises, 48, Rama Road, Krishna Flour Mill Complex, Delhi, accused Tulsi Ram Jain, the manager of the said company owned by co-accused Vinod Tayal was found in possession of infringed/ duplicate items i.e. 109 Servo Pride 40 Corrugotal boxes, 220 empty bottles of Servo Super Multigrade, 70 empty bottles of Servo Super Multigrade of ½ liters size, 83 small size bucket caps, 5 large size buckets caps, 785 cane caps bearing the mark Servo, 9 plain buckets of 20 liters size (empty), 4 plastic bags containing HDPE plastic granules of Gee-Lax company weighing 25 Kg. Each, automatic blowing machine fitted with die, motor, central panel and air compressor of BEKUM Company, one gen set 110 KVA Kirloskar with control panel, waste plastic extender fitted with meter, two moulding machine with electric motors and air compressor tank fitted with die, one screen printing machine of Werner Kallum ann Company and 51 dies of various sizes and on 29.10.2003 from K.C. Freight Carrier, G-6-A, Gupta Complex, Inderlok, Delhi which belongs to one Mohit Ahluwalia, the following infringed/duplicate goods i.e. 391 duplicate Servo empty containers which were identified and asserted by Sh. C. Ramakrishna as duplicate copy of the company's product, 7 plastic bags containing 126 empty plastic caps each bag of red colour having the logo of HP printed on them and two plastic bags containing 126 empty plastic cans in each bag of blue colour having the logo of the HP printed on them were recovered which you had sent to the said carrier for transport and thereby committed an offence punishable u/s 63 Copyright Act, 1957.
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 5 of 11 On 29.10.2003 at premises M/s. Tayal Enterprises, 48, Rama Road, Krishna Flour Mill Complex, Delhi, accused Vinod Tayal, the owner of the said company and also your manager namely Tulsi Ram Jain (co- accused) was found in possession of infringed/duplicate items i.e. 109 Servo Pride 40 Corrugotal boxes, 220 empty bottles of Servo Super Multigrade, 70 empty bottles of Servo Super Multigrade of ½ liters size, 83 small size bucket caps, 5 large size buckets caps, 785 cane caps bearing the mark Servo, 9 plain buckets of 20 liters size (empty), 4 plastic bags containing HDPE plastic granules of Gee-Lax company weighing 25 Kg. Each, automatic blowing machine fitted with die, motor, central panel and air compressor of BEKUM Company, one gen set 110 KVA Kirloskar with control panel, waste plastic extender fitted with meter, two moulding machine with electric motors and air compressor tank fitted with die, one screen printing machine of Werner Kallum ann company and 51 dies of various sizes and thereby committed an offence punishable u/s 63 Copyright Act, 1957.
2. On the basis of a complaint, present FIR was registered. After carrying out the investigation, charge sheet was filed. Accused persons were summoned. After compliance of section 207 Cr. P.C, charges u/s 63 Copyright Act, 1957 were framed against all accused persons on 10.07.2015.
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 6 of 11 APPRECIATION OF EVIDENCE
3. In order to prove its case, the prosecution has examined only two witnesses.
4. PW-1 Sh. C. Rama Krishnan deposed that he was the authorized representative of the Indian Oil Corporation Ltd. At the time of the incident, he was posted as Zonal Retail Manager, New Delhi. Vide order dated 22.07.2003, DCP, Crime IPR cell was directed to investigate and register the case. The order was communicated to the IPR Cell. On 28.10.2003 or 29.10.2003, he went to PS Subzi Mandi alongwith one Castrol representative namely Rajiv Gulati. Thereafter a raiding team was prepared by the police officials. At about 5.20 PM, they assembled behind Tis Hazari in the Subzi Mandi area. Firstly they went to shop of accused Padam Singh in the Subzi Mandi area, near Tis Hazari and found empty tins of Servo & Castrol and also found seals and labels/stickers of Servo and Castrol. His complaint which was given to DCP Crime IPR Cell which is Ex. PW1/A bearing his signature at point A. The copy of original trade mark in the name complainant company is now Ex. PW1/T. The address of your shop is 121, Rajinder Market / Mori Gate. The premises was checked and they found 119 sticker sheets of Servo Pumpset Oil and each sheet contained eight sticker, 261 sheets of servo super multigrade one liter and each sheet containing 12 stickers, cap seal punching machines, small and medium caps of Castrol India and others spurious articles. IO seized the same vide seizure memo which is Ex. PW1/B, arrested accused FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 7 of 11 Padam Singh vide arrest memo Ex. PW1/C, personal search of accused Padam Singh was conducted vide search memo Ex. PW1/D, disclosure statement of accused Padam Singh was recorded which is Ex. PW1/E wherein accused Padam Singh revealed the name of co-accused persons as Jagdish, Radha Krishan, Shankar Lal, Raj Kumar, all bearing his signature at point A. Thereafter they conducted raid on the premise of accused Padam Singh and co-accused namely Jagdish (since discharged), Raj Kumar, Shankar Lal. From there, they went to the accused Shankar Lal from where also recovery was effected. IO seized the articles recovered from the shop of accused Shankar Lal vide seizure memo which is Ex. PW1/F bearing his signature at point A. Accused Shankar Lal was arrested vide arrest memo Ex. PW1/G bearing his signature at point A. Personal search of accused Shankar Lal was conducted vide search memo Ex. PW1/H bearing his signature at point A. IO also recorded disclosure statement of accused Shankar Lal which is Ex. PW1/I bearing his signature at point A. Thereafter, they conducted the raid on the premise of accused Raj Kumar from where also recovery was effected. IO seized the articles recovered from the shop of accused Raj Kumar vide seizure memo which is Ex. PW1/J bearing his signature at point A. Accused Raj Kumar was arrested vide arrest memo Ex. PW1/K bearing his signature at point A. Personal search of accused Raj Kumar was conducted vide search memo Ex. PW1/L bearing his signature at point A. IO also recorded disclosure statement of accused Raj Kumar which is Ex. PW1/M bearing his signature at point A. Thereafter, they conducted the raid on the premise of accused Radha Kishan from where also recovery was effected. IO seized the FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 8 of 11 articles recovered from the shop of accused Radha Kishan vide seizure memo which is Ex. PW1/N bearing his signature at point A. Accused Radha Kishan was arrested vide arrest memo Ex. PW1/O bearing his signature at point A. Personal search of accused Radha Kishan was conducted vide search memo Ex. PW1/P bearing his signature at point A. IO also recorded disclosure statement of accused Radha Kishan which is Ex. PW1/Q bearing his signature at point A. Thereafter, they conducted the raid on the premise of accused Tulsi Jain from where also recovery was effected. IO seized the articles recovered from the shop of accused Tulsi Jain vide seizure memo which is Ex. PW1/R bearing his signature at point A. Thereafter, IO handed over the seal of RB after use to him and prepared seal handing over memo which is Ex. PW1/S bearing his signature at point A. Thereafter, the case property was taken by the police officials and his statement was recorded. However, the case property could not be produced on account of it being destroyed due to rain.
This witness was cross examined by Ld. defence counsel and in his cross-examination he stated that he can only tell the difference between the original and the spurious products after seeing both.
5. PW-2 HC Naveen deposed that he brought the certified copy of DD No. 47B dated 22.08.2007 in which the information was lodged that the case property of the present case was destroyed due to rain. The copy of DD entry is Mark A and the relevant entry in the register No. 19 is Mark B. FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 9 of 11 This witness was cross examined by Ld. defence counsel wherein he stated that he does not know if any photographs of the case property were taken and also stated that no case property pertaining to the present case is in the custody of Police Station Subzi Mandi.
6. On account of closure of prosecution evidence, statements of accused persons u/s 313 Cr. P.C were recorded on 06.04.2018 wherein they have pleaded innocence and they had opted not to lead any defence evidence. Final arguments heard on 06.04.2018 itself at request of Ld. Defence counsel.
7. I have heard the rival submissions and carefully perused the record.
REASONS FOR DECISION
8. In order to prove its case, the prosecution was required to examine as many as 16 witnesses. However, after the examination in chief of PW1 Sh. C. Rama Krishnan, it was noted that the prosecution has not been able to produce the case property pertaining to the present case and hence no purpose would be solved in examining remaining witnesses once the case property of the present case could not be produced during the course of evidence. Hence, prosecution evidence was ordered to be closed.
FIR No . 293/03 PS Subzi Mandi State Vs. Padam Singh etc. Page No. 10 of 11
9. Thus, there is no other incriminating evidence against the accused on record. The onus to substantiate the case is upon the prosecution. In the present case, prosecution has failed to prove its case against the accused beyond reasonable doubt.
10. Since the factual matrix of the case has not been proved. I feel no hesitation in stating that prosecution has failed to prove its case against the accused persons namely Padam Singh, Vinod Tayal, Radha Krishan, Raj Kumar, Shankar Lal and Tulsi Ram Jain. Hence, accused persons namely Padam Singh, Vinod Tayal, Radha Krishan, Raj Kumar, Shankar Lal and Tulsi Ram Jain are acquitted for the charges framed for the offence U/s 63 Copyright Act, 1957 against them.
11. Ordered accordingly.
Digitally signed by CHETNA CHETNA SINGH
SINGH Date:
2018.04.06
15:31:42 +0000
Announced in the open court
on 06.04.2018 (Chetna Singh)
Addl. Chief Metropolitan Magistrate-02
Central/THC/Delhi/06.04.2018
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