Page 115 - GSTL_2nd April 2020_Vol 35_Part 1

2020 ] DEOKANT PAL v. STATE OF UTTAR PRADESH 17
ted that the applicant in order to run his business purchased waste and defective
bags from various firms/companies i.e. Jaidayal Hitex Pvt. Limited, Ram Ekbal,
Amit Enterprises etc. and after converting them into small satchels, sell them in
the market. It is vehemently submitted that applicant has purchased those defec-
tive/waste bags with clean hands after paying consideration and corresponding
GST upon the said goods. In support of said submission, Learned Counsel for the
applicant placed reliance on some certificates, e-Way bills and tax invoices of the
aforesaid firms/companies. It is also pointed out that there is scheduling agree-
ment between Jaidayal Hitex Private Limited and Ultratech Cement Limited,
wherein procedure for disposal of rejected Fabric/bags of bags have been pro-
vided in para 1.13.3 appended as Annexure No. 3 to the application. It is next
submitted that premises of the applicant was searched by the Sub-Inspector of
the concerned police station and seized the goods in violation of mandatory pro-
vision enumerated in Sections 115(4) and 134 of the Trade Marks Act. It is also
submitted that present case is not a case of infringement of any ‘Artistic Work’ as
defined under Sections 2(c) and 2(y) of the Copy Right Act, hence, no case under
Sections 63 and 65 of the Copy Right Act can be made out against the applicant.
It is further submitted that the provisions of Special Enactment override the Gen-
eral Code which in the present case is IPC and Cr.P.C. Thus, the whole prosecu-
tion case against the applicant is without jurisdiction and vitiated under law.
Lastly, it is submitted that applicant has been falsely implicated in the present
case and no offence is made out against the applicant as alleged by the prosecu-
tion. The applicant is not a man of criminal intent and rather is a good business-
man. The applicant is languishing in jail since 2-12-2019 and the applicant under-
takes that in case he is released on bail, he will not misuse the liberty of bail and
cooperate in trial.
4. Learned AGA has opposed the prayer of bail.
5. Considering the facts and circumstances of the case, keeping in view
the nature of the offence, evidence, complicity of the accused, submissions of the
Learned Counsel for the parties, I am of the view that the applicant has made out
a fit case for bail. Hence, the bail application is hereby allowed.
6. Let the applicant Deokant Pal, be released on bail in the aforesaid case
crime number on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following conditions
which are being imposed in the interest of justice :-
(i) The applicant will not tamper with prosecution evidence and will
not harm or harass the victim/complainant in any manner whatso-
ever.
(ii) The applicant will abide the orders of court, will attend the court on
every date and will not delay the disposal of trial in any manner
whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner
whatsoever.
7. The identity, status and residential proof of sureties will be verified
by court concerned and in case of breach of any of the conditions mentioned
above, court concerned will be at liberty to cancel the bail and send the applicant
to prison.
GST LAW TIMES  2nd April 2020  179