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PETITIONER: DAU DAYAL
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 24/11/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1959 AIR 433 1959 SCR Supl. (1) 639 CITATOR INFO : E 1966 SC1820 (7,8)
ACT: Criminal Trial-Counterfeiting trade mark-Limitation, of one year for prosecution-Prosecution, when commences-Whether on filing of complaint or on issue of Process-Indian Merchandise Marks Act, 1889 (4 of 1889), s. 15.
HEADNOTE: On April 26, 954, the appellant was arrested for offences under ss. 420, 482, 483, 485 and 486 Indian Penal Code and bidis alleged to bear counterfeit trade marks were seized from him. On this a complaint was filed on May 26, against the appellant that he was in possession of counterfeit bidis, wrappers and labels. After investigation, the police submitted a charge sheet on September 30, 1954, and summons was ordered to the appellant on July 22, 1955. The appellant raised a preliminary objection before-the Magistrate that the proceedings were barred by s. 15 of the Indian Merchandise Marks Act. He contended that the offence was discovered on April 26, 1954, when he was arrested and the prosecution which commenced with the issue of process against him on July 22, 1954, was beyond the period of one year provided by s. 15. Held,...