KANWALJIT SINGH @ LALLI v. THE STATE OF PUNJAB

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CRIMINAL) NO. 3457 OF 2019)

1. Leave granted.

2. Heard Mr. Siddharth Luthra, learned senior counsel appearing

for the appellant. Also heard Ms. Nupur Kumar, learned counsel

appearing for the State of Punjab.

3. The senior counsel for the appellant firstly argues that the

conviction of the appellant under Section 7 of the Essential

Commodities Act, 1955 (for short, the “1955 Act”) and Sections 78

and 79 of the Trade and Merchandise Marks Act, 1958 (for short, the

“1958 Act”) are unsustainable as the appellant was nowhere close to

the Godown where the manufacturing, sale and storage of spurious

lubricating oil, was taking place. The charge was that the accused

misused the trademark of Servo Super & Servo Pride of the Indian

Oil Corporation, without any licence or authorisation.

4. On the above aspect, the evidence of PW-1, who is the owner of

the Godown is relevant. In his evidence, the owner Jaspal Singh

(PW-1) clearly stated that he had let out two rooms to the

appellant – Kanwaljit Singh @ Lalli and information given to the

Godown owner is that the appellant was using the Godown for oil

business. Manmohan Singh (PW-7), the Retail Sales Manager, Indian

Oil Corporation testified on the police raid in the Godown...