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1996 Supreme(SC) 1290

G.B.PATTANAIK, K.RAMASWAMY
State of A. P. – Appellant
Versus
Nagoti Venkataramana – Respondent


ORDER

Leave granted.

2. Shri Prakash Reddy, learned counsel for the respondent has raised an interesting question of law in this case. The admitted facts are that the Inspector of Police, Urban Police Station, Tenali, Guntur District of Andhra Pradesh had in a raid on December 23, 1986 seized 90 cassettes of various cinematograph films in Telugu, Hindi and English under a panchnama attested by PW-2 from the video library belonging to the respondent and laid the charge-sheet for an offence under Section 52-A read with Section 63 of the Copyright Act, 1957 (for short, the "Act") as amended in 1984. The trial Court after adduction of evidence of PWs-1 to 3 and production of Exs. P-1 and MO-1 convicted the respondent under Section 63 of the Act for minimum sentence of six months and also imposed a fine of Rs. 3,000/-. In default, he was directed to undergo simple imprisonment for a further period of one month. On appeal, the Sessions Judge, Guntur confirmed the same. In Criminal Revision No. 665/89 and CRC No. 666/89 the High Court of Andhra Pradesh by judgment dated September 17, 1990 acquitted the respondent of the offence. Thus these appeals by special leave.

3. The facts as found and






























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