Judgment

WANCHOO, J. : These are two connected appeals by special leave against the judgment of the Allahabad High Court. The brief facts necessary for their disposal are these. One Bhagwan Swarup Saxsena, the Trade Marks Investigator, Lever Brothers Limited India (hereinafter called the company) was working in Lucknow an behalf of the company. He came to know that counterfeit Sunlight and Lifebuoy soaps were being manufactured and sold on a large scale in Yahiaganj and other places in Lucknow. This was investigated on behalf of the company which manufactured genuine Sunlight and Life-buoy soaps. It was found that two soaps factories in Luncknow were manufacturing counterfeit Sunlight and Lifebuoy soaps. It was also found that Hafiz Mohammad Ismail and Hafiz Jawed Ali who are the respondents in the two appeals before us were selling these counterfeit soaps in Yahiaganj where they have shops. Consequently a raid was made on the two shops with the help of the police on May 19, 1953. A large number of soaps were recovered from the two shops which were wrapped in labels said to be counterfeits of those in which the genuine Sunlight and Lifebuoy soaps of the company are sold. Consequentl