AB 3143/2011 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. B.D. Konwar, learned counsel appearing for the petitioner as well as M r. B.B. Gogoi, learned Addl. P.P. appearing for the state respondent who accepts notice on its behalf. The petitioners deal in motor parts in A.T. Road, Sivasagar Town. They apprehend ing their arrest have filed this petition u/s. 439 Cr.P.C. in connection with Si vasagar P.S. Case No. 267/2011 u/s. 420 IPC R/W section 63 of the Copyright Act, 1957 corresponding to G.R. Case No. 699/2011. I have gone through the petition u/s. 438 Cr.P.C. Mr. B.D. Konwar, learned counsel in support of the application has submitted tha t the provisions of Section 63 of the Copyright Act, 1957 would not be applicabl e in view of the allegations made. That apart it is submitted that the petitione rs are not dealer in motor parts. They are selling the motor parts after purchas ing the same from various dealers. They are also not manufacturer of the motor p arts. Apart from that no purchaser has come forward with allegation that the mot or parts so collected and sold by the petitioners are duplicate. There being no such allegations, the allegations so brought in the first information report by Sri Ajay Kumar Sahoo of the establishment C3i consultants India Private Limited would not be applicable as against the petitioner. In view of the submissions of Mr. Knowar, the learned counsel I have perused the materials available on the C.D. From its perusal it appears that the investigat ing officer is not investigating the case from where such duplicate materials ar e coming to the petitioners’ establishment. These aspects being not properly inv estigated it can- not be said that the petitioners knowingly or intentionally a re purchasing duplicate motor parts and selling the same to the customers. The case is not registered under the Trade Mark Act. Such materials having been want ing, this Court considers it fit where privilege of pre-arrest bail can be grant ed. Accordingly, this bail application is allowed. Interim bail provided vide or der dated 28.09.2011 is made absolute. Bail application stands disposed of.