M.N. Shukla, J. - (1.) THIS is a revision against the conviction of the Applicant for an offence Under Section 78 of the Trade and Merchandise Marks Act, 1958 and sentence to pay a fine of Rs. 300/ -.
(2.) THE prosecution case was that the Applicant was at the relevant time the proprietor of Sita Ram Press situated in Mohalla Pasarhatla within police circle City Kotwali, Mirzapur. On 22 -12 -1964, the Applicant was found in his press in possession of blocks, Ex. 1 to 8 which could be used to print on tobacco packets false trade marks deceptively similar with "Gada Chhap" trade mark belonging to Yatendra Nath Shukla and Company, Kanpur. The Applicant admitted recovery of the blocks from his Press. His defence, however, was that he had no knowledge that the blocks resembled any other original trade mark and that the same could be used for making false trade marks. He claimed that the blocks were left with him by a client, who used to get the printing done at his press in the ordinary course of business. Prosecution examined P.N. Malviya (PW 1), the proprietor of M/s. Yatendra Nath Shukla and Co. Kanpur who deposed that "Gada Chhap" was his registered trade mark for tobacco. He further deposed that Exs. 1 to 8 did not belong to his Company, though they were deceptively similar to his own blocks. Ramnath Malviya (PW2), Amarnath Dubey (PW 3) and Sub Inspector Iqbal Narain Singh (PW 4) were examined to prove the recovery of the blocks. The Applicant also examined himself as a defence witness and made a statement containing the pleas to which I have already referred.
(3.) THE courts below disbelieved the version of the defence and believed the prosecution evidence and convicted the Applicant.;