Qualcomm Incorported , Secunderabad vs Assessee
Network locks are requested by network service
providers to keep the subscribers with them for an
extended period. There is no dispute that the locked
handset is capable of working anywhere in the world. This
is evident from the scheme on international roaming using
CDMA handsets downloaded from the website of Reliance
Communications. Further there is also no dispute that all
telecom operators permit international roaming. Though
handsets that may have been purchased under certain
terms are locked with a particular network service provider,
the handset is capable of working in any country of the
world with which that particular network service provider
has commercial understanding. This clearly demonstrates
that the CDMA connectivity of the phone is in no manner
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connected with the locking of the phone with a network
service provider. Hence, in our view the decision of the A.P
High court in the case Syed Asiffudin and others (Supra) is
not relevant .