IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 26898 of 2010 Date of decision : 21.9.2010 Gulzar Mal …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. V.K. Sandhir, Advocate for the petitioner. Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. The petitioner seeks pre-arrest bail in a case registered against him. The FIR has been registered on the statement of Iqbal Singh. The complainant Iqbal Singh has alleged that he has been authorized by Bajaj Electrical Company to go to different cities and investigate duplicate Bajaj cookers that are being sold in the market. In connection with the raid conducted by the complainant Iqbal Singh, he came to know that one Bobby @ Jiwan Kumar, owner of S.K. Bartan Store, Kaley Di Market, Karkeyian Bazar, Kandherian, Amritsar was selling pressure cookers by putting the mark of Bajaj Company of identical type to the customers and he was claiming the same to be that of Bajaj Electrical Company. The place on Taran Wala Pul, Amritsar was raided and Jiwan Kumar @ Bobby was apprehended and 70 pressure cookers of 5lts. capacity each were recovered Crl. Misc. No. M- 26898 of 2010 [2] which were marked with Bajaj-Hi-Speed in English. The retail bill dated 21.8.2010 (Annexure P1) issued by the petitioner in the name of one Ravi Kumar was recovered from Jiwan Kumar @ Bobby; the original of which is on the police file. Iqbal Singh, complainant has also given test report that declares that 70 pressure cookers were counterfeit (duplicate). It is stated by Iqbal Singh, complainant that he has complete knowledge and four years’ experience of identifying fake products and he had given many test reports earlier also. Learned counsel for the petitioner has vehemently argued that the petitioner has not sold any fake pressure cookers in pursuance of the bill dated 21.8.2010 (Annexure P1). It is also submitted that the petitioner would satisfy the police that he has not indulged in any sale of fake pressure cookers and the pressure cookers that he sold are genuine. It is also submitted that the pressure cookers that have been sold vide bill (Annexure P1) were purchased from M/s Modern Home Appliances vide bill dated 22.7.2010 (Annexure P4). In terms of the bill (Annexure P4), 300 pieces of Aluminum pressure cookers of the capacity of 5 lts were purchased @ `240 per piece. Vide bill (Annexure P1) these have been sold @ `227.49 P per piece. Learned counsel for the petitioner has submitted that sales have been made at a lesser rate as M/s Modern Home Appliances gives discount of 6% of sale for an amount of `6 lacs, 8% of sale for an amount of `8 lacs and 10% of Crl. Misc. No. M- 26898 of 2010 [3] sale for an amount of `10 lacs on pressure cookers of all types to all dealers in Punjab. In response, learned State counsel has submitted that the custody of the petitioner is required as the case is to be investigated thoroughly so as to ascertain the case regarding sale of duplicate and fake pressure cookers of Companies that have registered trade marks. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties and perused the record. The case of the petitioner is that he was selling only New BPL MOD Products which has a registered trade mark (Annexure P3) which was issued on 27.7.2006. The Bill (Annexure P4) has been drawn on the bill book of Modern Home Appliances and it mentions the manufacturers as: Hero & Usha Pressure Cookers Parts and Domestic Appliances. However, the said bill (Annexure P4) does not mention that it is dealing with New BPL MOD Products and the 70 pressure cookers that have been sold are that of New BPL MOD Products. In other words the bill (Annexure P4) vide which 300 pieces of Aluminum pressure cookers of 5 lts. capacity are said to have been purchased does not mention that these are of New BPL MOD products in respect of which it is claimed that there is a registered trade mark (Annexure P3). Learned counsel for the petitioner has shown a pressure cooker which he has brought in Court today. On the same there is only a slip of New BPL MOD Products on Crl. Misc. No. M- 26898 of 2010 [4] the pressure cooker and on the lid only MOD Products has been engraved and ‘New BPL MOD Products’ has not been engraved in respect of which there is a registered trade mark. Jiwan Kumar @ Bobby who has been arrested made a disclosure statement and also got the bill dated 21.8.2010 (Annexure P1) recovered in which 70 pressure cookers have been sold by the petitioner to one Ravi Kumar. It is to be ascertained by the prosecution as to who the said Ravi Kumar is. The material on record prima facie shows that the recovered pressure cookers with the marking ‘Bajaj Hi-Speed’ are those which have been sold by the petitioner vide bill dated 21.8.2010 (Annexure P1) according to the disclosure statement of the accused Jiwan Kumar @ Bobby who is in custody. In the facts and circumstances, no ground for pre-arrest bail is made out. The Crl. Misc. petition is, accordingly, dismissed. However, in case the petitioner surrenders before the Police within 2 days from the receipt of copy of this order, his application for regular bail, if filed by the petitioner, be decided expeditiously by the concerned Court and preferably next day after excluding the period of police remand, if any. (S.S. SARON) JUDGE September 21, 2010 amit