Page 114 - GSTL_2nd April 2020_Vol 35_Part 1

16 GST LAW TIMES [ Vol. 35
2020 (35) G.S.T.L. 16 (All.)

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sanjay Kumar Singh, J.
DEOKANT PAL
Versus
STATE OF UTTAR PRADESH
Criminal Misc. Bail Application No. 2284 of 2020, decided on 17-1-2020
Bail - Criminal Offence of alleged Trade Mark violation - GST - Old
bags with brand name printed theron - Applicant accused of manufacturing
duplicate cement bags under Trade Mark of various cement companies, plead-
ing that he is a GST registered dealer dealing, inter alia, in purchase of defec-
tive/waste bags on payment of tax and disposing them off in terms of policies
of companies - It is further pleaded that there is no violation of Copy right as
goods are not Artistic Work and that seizure has been made in violation of
Trade Marks Act, 1999 - HELD : In view of prima facie case being made out in
terms of aforesaid pleadings and fact that accused is already in custody for
long, Bail is granted to him on furnishing of personal bond with two sureties
of like amount as per satisfaction of Trial Court - During bail, accused shall
not tamper with any evidence, shall not delay trial, not indulge in unlawful
activity and shall not misuse liberty - Section 439 of Code of Criminal Proce-
dure, 1973. [paras 5, 6]
Application allowed
REPRESENTED BY : S/Shri Shishir Kumar Dwivedi & Manu Khare,
Counsels, for the Applicant.
[Order]. - Heard Sri Manu Khare, Learned Counsel for the applicant,
Learned AGA and perused the record.
2. By means of this application, the applicant, who is involved in Case
Crime No. 658 of 2019, under Sections 420, 467, 468, 471 of IPC read with Sections
63, 65 of Copy Right Act read with Sections 102, 103 of Trade Marks Act, P.S.
Mugal Sarai, District-Chandauli, is seeking enlargement on bail during the trial.
3. As per prosecution case in brief, on 2-12-2019 FIR was lodged by the
informant disclosing his identity as Assistant Manager in IIRIS Company making
allegation inter alia that applicant was involved in printing of unauthorized ce-
ment bags of various companies like Ultra Cement, Birla Cement, ACC Cement,
Jaypee Cement, Prism Cement, Smart Birla etc. and on raiding the factory (Dev
Enterprises) in question applicant was found present there, who disclosed his
identity as owner of the said factory and on search, huge quantity of duplicate
cement bags of aforesaid companies and other materials were recovered from
said factory. On the said allegation, it is submitted by Learned Counsel for the
applicant that applicant is proprietor of M/s. Dev Enterprises and the same has
been registered as dealer and allotted 09982406281C as Taxpayer’s Identification
Number. Placing reliance on form XI issued by Department of Commercial Taxes
Government of U.P., it is pointed out that nature of business of the applicant is
that of an Exporter, Wholesaler, Retailer and Manufacturer and the description of
trade is polythene bags, plastic bags, pouches and closures etc. It is next submit-

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