2008 PLP 1223 (YLR)
KAMRAN QURESHI — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 1223 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mrs. Yasmin Abbasey, J |
| Parties | KAMRAN QURESHI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1223 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1223 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mrs. Yasmin Abbasey, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1223 (YLR) (KAMRAN QURESHI — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 20th March, 2007.
- It is pointed out by the learned counsel for the applicant that no incriminating articles were recovered from the possession of this applicant. Even otherwise articles which were found at the place of incident were not sealed and were also not sent to the Chemical Examiner or any other expert. The punishment is only 3 years. In view of the arguments advanced by learned counsel for applicant and facts of case, Mr. Anwar Ansari, Advocate for the State has no objection for the grant of bail.
Headnotes / Summary
S.497
Copyright Ordinance (XXXIV of 1962), S.66
Allegation against accused was that he had infringed the copyrights of complainant-company and under fake title of product belonging to complainant, he was selling his products
Question, whether the rights of complainant's company had been infringed and accused, along with his other companion, without consent and permission of complainant's company, had used it illegally for their benefits, needed evidence
Even otherwise the offence charged was punishable with 3 years, which did not fall within prohibitory clause of S.497 Cr. P. C.
Accused was enlarged on bail, in circumstances. Mahmood Alam Abbasi for Applicant. Anwar Ansari for the State.
Judgment & Decree
MRS. YASMIN ABBASEY, J.
The facts of the case are that complainant received an information that this applicant along with 2 other absconder accused are involved in producing and selling Shahi Deluxe Soopari under the fake label of original company. After receiving information the Manager of Super Shahid Deluxe Soopari when investigated the matter he found it as correct and after consulting with the police party, raid was made on .10-12-2005, and this applicant along with Riaz Qureshi and Rehman Qureshi were found preparing and putting Soopari in packets under the fake label of complainant-Company. It is pointed out by the learned counsel for the applicant that no incriminating articles were recovered from the possession of this applicant. Even otherwise articles which were found at the place of incident were not sealed and were also not sent to the Chemical Examiner or any other expert. The punishment is only 3 years. In view of the arguments advanced by learned counsel for applicant and facts of case, Mr. Anwar Ansari, Advocate for the State has no objection for the grant of bail. The allegation against this applicant is that he has infringed the copyright of complainant-Company and under fake title of Shahid Deluxe Soopari belonging to complainant was selling his products.
2. The ground that whether the rights of complainant's company have been infringed and applicant along with his other companion without consent and permission of complainant's-company had used it illegally for their benefits needs evidence. Therefore, any expression of opinion at this stage can prejudice the case of either party: Even otherwise the offence charged is punishable with 3 years, and do not fall within prohibitory clause. Thus, applicant is allowed to be enlarged on bail subject to furnishing a surety in the sum of Rs.1,00,000 (Rupees one lac only) and P.R bond of the like amount to the satisfaction of the learned trial Court. H.B.T./K-6/K Bail granted.