Mitter, J. - (1.) This is an appeal by the State against the respondent's acquittal of an offence under Section 485, Penal Code.
(2.) The prosecution case against the respondent is as follows: Messrs. Gabail Ltd. of London are manufacturers of a drug called Elixir Bromo Valerianate Gabail. The Anglo French Drug Co. (Eastern) Ltd. of Bombay are their agents in India. The trade mark in relation to the said drug consists of the name "Elixir Bromo Valerianate Gabail" printed on a label which is affixed to the bottle containing the drug and also printed on the paper carton in which the bottle is packed and sold. Both the label and the carton contain, in addition, the formula of the drug. The get-up and the design of the label are distinctive and have become associated with the drug of the manufacture of the said Gabail Ltd. The word 'Gabail' is also registered to denote that the drug is the manufacture of Gabail Ltd. The trade mark concerned was registered in India in 1942 and is said to be effective for a period of 15 years.
(3.) The said Anglo-French Drug Co. (Eastern) Ltd. of Bombay having received information that a spuri9us drug was being sold with a counterfeit of the said trade mark, moved the learned Chief Presidency Magistrate, Calcutta, for an investigation into their complaint by the Detective Department of the Calcutta Police. The learned Chief Presidency Magistrate ordered such an investigation, and pursuant to search warrants issued by him certain blocks for manufacturing the counterfeit of the said trade mark as well as thick paper cartons with the said counterfeit trade mark printed upon them were recovered from some two printing presses and from the respondent. The respondent was found in possession of 375 such cartons with counterfeit trade marks upon them, marked' Exhibits III and III/1, a block which was marked Ex. II, as also two other blocks marked respectively Exs. IX and X. The last mentioned blocks, namely, Exs. IX and X were in fact made over by the respondent to the police at some stage of the investigation.;