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2017 Supreme(Guj) 1012

BIREN VAISHNAV
Umesh Bharatbhai Thakkar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : B.Y. Mankad
For the Respondents: H.K. Patel

JUDGMENT :

Biren Vaishnav, J.

1. The applicants have invoked the provisions of Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the complaint being II-C.R. No. 3027/12 registered with Mandvi police station, Mandvi-Kachchh for the offences punishable under sections 63 and 65 of the Copyright Act, 1957.

2. The facts of the case are as under:

2.1 The applicants are small shopkeepers of a gift shop under the banner 'Real Gift Shop'. The shop sells gift articles/merchandise which the proprietors procure from wholesale merchants in Bhuj and Mumbai. On 05.05.2002, one Shri K.G. Pathak, identifying himself as an Investigation Officer of one Kangaroo Agency Pvt. Ltd. visited the shop of the applicants. Under an authority to investigate breach of copyright on behalf of two multinationals - Procter & Gamble and Hindustan Unilever Ltd., the individual carried out a raid. Shri Pathak then lodged the complaint in question with Mandvi police station.

2.2 According to the contents as narrated in the complaint, Shri Pathak found the gift shop selling duplicate products like shampoos, soaps and other toiletries of the two multinationals and therefore according to the com






























































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