Final Order 2

Order Details: Copy of Judgment
Pdf Text: C. C. No. 532 PW 2018 State Vs Ashfaque and ors.
CNR No.MHMM18-003788-2018
Exh.11
Received on – 22.03.2018
Registered on – 23.03.2018
Decided on – 19.03.2025
Dura. – 06 Ys. 11 Ms. 27 Ds.
Exh.11
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
(JUDGMENT U/SEC. 355 OF CRIMINAL PROCEDURE CODE)
a. The serial number of the case 532/PW/2018
b. The date of commission of offence 14.07.2017, at about 16.30 hrs., near
B.M.C. House, Sion Bandra Link Road,
Dharavi, Mumbai and at Shop No.4,
Jogalekar Wadi, Laxmibaug, Sion West,
Mumbai.
c. The name of the complainant Mr. Kishor Pawar, P.S.I., through Dharavi
Police Station, Mumbai.
d. The name of the accused persons,
their parentage and residence
1. Ashfaque Moinuddin Khan,
Age – 38 years, Occupation – Business,
R/o. Room No.2, Rambachhan Chawl,
V. B. Nagar, Kurla Pipe Road,
Kurla West, Mumbai.
2. Arshadali Mujarali Ansari,
Age – 33 years, Occupation – Business,
R/o. Khalil Chawl, V. B. Nagar,
in front of L.I.G. Colony,
Kurla Pipe Road, Kurla West, Mumbai.
3. Sanjay Phulchand Gupta,
Age – 40 years, Occupation – Driver,
R/o. Deoram Lakadi Chawl, Laxmi Baug,
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C. C. No. 532 PW 2018 State Vs Ashfaque and ors.
CNR No.MHMM18-003788-2018
Exh.11
M. G. Road, Kela Wakhar, Dharavi,
Mumbai.
e. The offence complained of or
proved
Under Section 51 r/w.63 of Copy Right
Act.
f. The plea of the accused and their
examination (if any)
Accused pleaded not guilty.
g. The final order Accused are acquitted.
h. The date of such order 19.03.2025
Advocates for the Parties –
For State - Smt. Shanti Komati, Ld. A.P.P.
For Accused - Shri. R. R. Mishra, Advocate
JUDGMENT
(Delivered on 19th March, 2025)
1. Accused are facing charges for offence punishable under Section 51
r/w.63 of Copy Right Act.
2. The prosecution case, in brief is as under –
The informant Mr. Deepak Babulal Patel, representative of a
company named as Netrika Investigation Consulting Pvt. Ltd., which was
delegated by Levis Strauss and Company, for protection of it’s copy right
and royalty, in respect of it’s merchandise i.e. several types of clothes
raided the premises of accused persons on 14.07.2017, with the help of
police and there found several counterfeit products. Those clothes were
seized and he lodged crime against accused persons. On it’s basis, the
crime at C. R. No.344 of 2017, for offences punishable under Section 51
r/w.63 of Copy Right Act, was registered.
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C. C. No. 532 PW 2018 State Vs Ashfaque and ors.
CNR No.MHMM18-003788-2018
Exh.11
3. Investigation started. During investigation, all the relevant
documents collected. The statements of the witnesses were recorded.
Other material collected and it is transpired that present accused persons
are responsible for counterfeiting of the products of company and thereby
cheated it. Then investigation was completed. As sufficient material to
proceed was found against the accused persons, Investigating Officer filed
final report/charge sheet under Section 173 of Code of Criminal Procedure
against accused persons.
4. Charge was framed by one of my Ld. Predecessor, vide Exh.3. The
accused persons pleaded not guilty vide their separate pleas, Exhs.4 to 6,
and claimed to be tried. Prosecution in support of it’s case examined only
one witness, P.W.No.1/first informant, Mr. Deepak Babulal Patel, vide
Exh.7 and also relied on documents Seizure Panchanama, Exh.8 and First
Information Report, Exh.9.
5. Heard both the sides. The defence of the accused is of total denial
and false implication. Considering the evidence on record, submissions of
both the parties and other facts and circumstances, the following points
arrived for my determination. I recorded my findings on each of them for
the reasons discussed below -
Sr. No. POINTS FINDINGS
1. Does it prove that accused persons pirated copy
righted work of the informant’s company? ....In the negative.
2. What order? ....Accused are acquitted.
REASONS
6. The summary of the evidence of the only witness, examined by the
prosecution, P.W.1, Mr. Deepak Babulal Patel, first informant, Exh.7, is
that he is residing at D/7/36, Asmita Jyoti C.H.S., Malad (W), Mumbai
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CNR No.MHMM18-003788-2018
Exh.11
and serving as Sr. Field Officer, with Netrika Investigation Consulting
Pvt. Ltd., Goregaon East, Mumbai, since last six years. The main work of
their company to investigate the infringement of copyright relating to
various products. The various companies appoints them as agency to
investigate the infringement of copyright of their products. The company
named as Levi Straus appointed them as agency to investigate the
infringement of copyright of their products, i.e. various clothes, shirts,
denim, t-shirts, etc. During their investigation they came to know that
shops named as Stylish Collection, M.H. Boutique and Raj Hosiery, are
selling the products of the Levi Straus Company, in violation of the
copyright, in the area situated at Dharavi, Mumbai. Therefore, they
complained about it to Sr. P. I., Dharavi and D.C.P., Zone V, Mumbai, on
29.04.2017 and 14.07.2017, respectively. On 14.07.2017, the Sr.P.I. of
Dharavi Police Station, provided them police aid, a team aided by A.P.I.
Shri. Kishor Pawar. They called upon panch witnesses and raided shops
named as Stylish Collection, M.H. Boutique and Raj Hosiery. They found
there various clothes, i.e. denims, t-shirts and other clothes, of value of
Rs.5,49,000/-. They seized them in presence of panch witnesses and police
personnel. A.P.I. Shri. Kishor Pawar, prepared seizure panchanama,
Exh.8, about it. Then, they went to police station and lodged report, Exh.9,
against accused persons. The articles i.e. various clothes were duplicate
clothes not manufactured by Levi Straus Company. He also produced
certain documents including power of attorney, various certificates and
licenses issued by various authorities, to Investigating Officer, Article–A.
7. The prosecution case is that accused persons were found in
possession of counterfeit clothes of Levis Strauss Company, which
authorized informant’s company to protect the violation of it’s copy right
and goodwill. Thus, the basic requirements for proof of the said charge
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C. C. No. 532 PW 2018 State Vs Ashfaque and ors.
CNR No.MHMM18-003788-2018
Exh.11
are, the authorization, the counterfeiting and the connection of accused
with it. The evidence relied by prosecution reflects that authorization
neither produced nor proved. Further, neither any more material produced
before court while recording evidence to prove the material seized from
the accused nor any evidence given that informant’s company possessed
copy right over such material. Therefore, there is doubt over the basic
allegations of prosecution case.
8. In such a weak status of the prosecution case, if we considered its
evidence, the witness made only general statements. He deposed nothing
about the special requirements of his knowledge and competency to prove
the charge. Therefore, the evidence of the said witness can not be said to
be enough to prove the charge. There is doubt whether accused persons
has committed any offence or not? Hence, I recorded my findings on Point
No.1, in the negative and passing following order -
ORDER
a. Accused persons are acquitted vide Section 248(1) of Code of
Criminal Procedure, of offence punishable under Section 51 r/w.63 of
Copy Right Act.
b. Their bail bonds stands canceled.
c. Muddemal property seized, being worthless, destroyed after appeal
period is over.
d. Accused persons, shall furnish bail bonds as per Section 437-A of
Code of Criminal Procedure.
MUMBAI (KOMALSING RAJPUT)
DATE – 19.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 532 PW 2018 State Vs Ashfaque and ors.
CNR No.MHMM18-003788-2018
Exh.11
I affirm that the contents of this PDF file judgment are same word for
ward as per original judgment.
Court Name : Komalsing Rajput
Name of Steno : S. R. Parab
Date : 19.03.2025
Signed by P.O. on : 19.03.2025
Uploaded on : 24.03.2025
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