JUDGMENT :

Ravindra Maithani, J.

The challenge in instant revision is made to the following:-

(i) Judgment and order dated 24.01.2011, passed in Criminal Case No. 536 of 2010, State Vs. Irfan and another, by the court of 4th Additional Civil Judge (Junior Division), Haridwar (“the case”). By it the revisionist has been convicted under Section 63 of the Copyright Act, 1957 (“the Act”) and sentenced to undergo simple imprisonment for a period of one year with a fine of Rs.50,000/-. In default of payment of fine to undergo imprisonment for a further period of six months. The revisionist has been acquitted of the charge under Section 68 A of the Act and;

(ii) Judgment and order dated 01.09.2011, passed in Criminal Appeal No. 35 of 2011, Irfan and another Vs. State, by the court of Additional Sessions Judge/2nd FTC, Haridwar. By which the impugned judgment and order passed in the case has been confirmed.

2. Facts necessary to appreciate the instant controversy, briefly stated, are as hereunder:- On 04.05.2007, Senior Sub-Inspector, Ashok Kumar Arora, PW1, was on patrolling alongwith co-police personnel, when they spotted that two persons were selling Compact Disc (“CD”). They had no licence