ORDER :

1. The petitioner faced the trial on the charge under sections 406, 420, 467, 468, 469, 483 of the Indian Penal Code (in short, 'IPC') read with section 78 of the Trade and Merchandise Marks Act, 1958 as amended by the Act of 1999.

2. The charge against the petitioner was that he was found using a trademark deceptively containing fake vermilion and registration for re-packaging.

3. In the trial, the prosecution examined five witnesses to substantiate the aforesaid charges framed against the petitioner.

4. The defence put forth by the petitioner through DW1 was that he was manufacturer of vermilion and colour in the name of SKM Minerals which is registered with Registration No.034207754 vide Ext. A. The petitioner set up a plea that Mr. Krishna Prasad Gupta of Lakhisarai was owner of the incriminating articles and it was Krishna Prasad Gupta who vide letter dated 2nd January 2002 sent 2000 empty packets and labels for filling up of vermilion. The letter written by Krishna Prasad Gupta and his signature were laid in evidence vide Ext. B. The said person also filed an affidavit vide Ext. C to support the stand taken by the petitioner during the trial. Certain other documentary