Law: Penal Code (XLV of 1860)

Section: 482

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 26th February 1970, in Revi sion No. 458 of 1965).   Penal Code (XL V of 1860),  S. 482-Trade mark, false use of Three lower Courts concurrently finding with substantial grounds that two products in question displayed margin of difference, thereby raising reasonable doubt with regard to mala fides of accused-Lower Courts neither acting fancifully or arbitrarily in weighing evidence nor their view wholly untenable-Case, held, not fit for interference by Supreme Court Leave to appeal refused-Constitution of Pakistan (1962), Art. 58(3). Date of hearing : 24th June 1970. JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the acquittal of the respondent Moktab Hossain of charge under section 482 of the Pakistan Penal Code, which was brought on a complaint by the petitioner against him. The acquittal was recorded by Mr. A. Rahim, Magistrate 1st Class, Jamalpur, on the 15th of July 1964, and the petitioner's efforts to have it reversed, in revisional jurisdiction, by the Sessions Judge and the High Court have failed, and he has finally come up to this Court. The complaint proceeded on the allegation that the petitioner company has been manufacturing and selling a medicine under the registered trade mark of "Saribadi Salsa", in special types of bottles with labels pasted on them, since the year 1914, which has acquired considerable popularity over the years. Lured by the popularity and the huge sales of the aforesaid product of the petitioner-company, the respondent, with a fraudulent motive, has started selling a medicine, named as "Saribadi Sab Salsa", in bottles of an identical type with identical labels fixed thereon with those of the petitioner-company, falling within the mischief of section 482 of the Penal Code. The learned trial Magistrate, on an examination of the labels and evidence led by the parties, came to the conclusion that the two labels on the respective bottles of the petitioner and the respondent-companies were sufficiently different and were not apt to deceive an ordinary unwary…