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7. PW-2/Sh. Pankaj Kumar deposed that he is working as Deputy General Manger (Law), Indian Oil Corporation Ltd., HO, Bandra East, Mumbai and he had been authorized by the company vide power of attorney dated 12.06.2007 as true and lawful attorney of the company. He had been further authorized vide clause 20 of the document to further sub delegate the power to any other person to lodge the complaint on behalf of the company and in pursuance of the said power, he had authorized M/s EIPR Ltd having their office at Bombay to investigate or lodge the prosecution on behalf of Indian Oil Corporation in the area of Delhi and Haryana to detect and investigate the spurious good imitating the product of the company on 06.02.2008. He further deposed that he had brought the original power of attorney dated 12.06.2007 and photocopy of the same was already on record and same is Ex.PW2/A (OSR) which bears the signature of Shri G.C. Dagar Director Marketing. PW2 further deposed that the attested photocopy of the power of attorney executed in favour of M/s EIPR is also on record which is Ex. PW2/B (colly) bearing his signatures at point A. The original power of attorney was in the possession of attorney holder and he can not produce the original of the same. He had also brought the certified copies of the Resolution passed in his favour by the FIR No.268/2008 PS : Kashmere Gate State Vs Sukhvinder Singh Page No. 3 of 22 company and same is Ex.PW2/C. The photocopy of the minutes held on 28.05.2007 is also on record which is Ex. PW2/D.

FIR No.268/2008 PS : Kashmere Gate State Vs Sukhvinder Singh Page No. 4 of 22

9. PW-4/Complainant Sh. Ram Niwas deposed that he was working as investigating officer in M/s. EIPR India Ltd. which has been authorized by M/s Indian Oil Corporation Ltd. to conduct survey/investigate and to initiate legal action against all such violation of the company intellectual property right. Further, he had been authorized by M/s EIPR to do all the above said act. On 19.06.2008, he had given a complaint to DCP regarding infringement of copyright of M/s Indian Oil Corporation Ltd which is Ex.PW4/A bearing his signatures at point A. The photocopy of authorization certificate issued by EIPR is marked PX bearing his signatures at point A. Photocopy of one certificate issued by EIPR regarding his employment was marked PX1. PW4 further deposed that he does not remember the exact date however, it was the month of September 2008, he alongwith the police officials of DIU North District went to round about Mori Gate, Delhi, where they met with Inspector Ashok Khera and was included in the raiding party. Thereafter, they reached at Panja Sharif Market, Near Mori Gate in between 04:00-05:00 PM. He does not remember the exact shop number of the accused, however the accused who is present in the Court who revealed his name as Sukhvinder was found present in the shop. At his instance, 7 cartoons of counterfeit/spurious/infringed of mobil- oil/engine oil of Indian Oil Corporation were recovered. Each cartoon was containing 20 bottle of 1 litre each. One bottle was taken out from each cartoon and remaining were kept in the same cartoon and thereafter, all the property was taken into possession vide seizure memo Ex. PW4/B bearing his signatures at point A. He had also given the original samples of the Indian Oil FIR No.268/2008 PS : Kashmere Gate State Vs Sukhvinder Singh Page No. 5 of 22 Corporation to the IO. The seizure memo is Ex. PW4/C bearing his signatures at point A. FIR was registered and accused was arrested vide arrest memo Ex. PW4/D bearing his signatures at point A. Perusal of the record shows that vide order dated 21.08.2019, complainant PW4 Ram Niwas was dropped from the list of the prosecution witnesses as repeatedly this witness remained unserved and prosecution had already availed numerous opportunities to examine this witness.

25. Primary question to be determined is whether the case property was recovered from the possession of the accused person, namely, Sukhvinder Singh and whether recovered articles were duplicate/spurious articles. The case of the prosecution is that in pursuance of the complaint dated 19.06.2008 filed by the complainant, namely, PW4/Ram Niwas, Investigating Officer, FIR No.268/2008 PS : Kashmere Gate State Vs Sukhvinder Singh Page No. 17 of 22 M/s EIPR Ltd. (company authorized by Indian Oil Corporation vide Power of Attorney dated 06.02.2008 Ex.PW2/B to conduct surveys, investigate and to initiate legal action against all such violation of the Company's Intellectual Property Rights), a raid was conducted on 16.09.2008 at Shell Climax Enterprises, Shop No.16A, Gupta Motor Market, Chabiganj, Kashmere Gate, Delhi where huge quantity of duplicate/fake products of Indian Oil Corporation were recovered.