Find a Lawyer

Criminal Miscellaneous No. 251-Q of 1982, decided on 14th November, 1982.

-- S. 27-Possession-Property in possession of a servant on behalf of a master-Held, would remain in possession of master for purposes of Penal Code as contemplated by S. 27 of Penal Code.

-- S. 561-A read with Penal Code (XLV of 1860), Ss. 27, 66 & 67, Press and Publications Ordinance (XV of 1960), Ss. 66 & 67 and Copyright Act (III of 1914), S. 7-Quashment of proceedings--- Copy right, infringement of-Owner of Printing Press not present at time of recovery of alleged infringed printed material and petitioners only workers in such press-In view of provisions of S. 7 of Copyright Act, employees such as labourers and chowkidars, held, could not be liable for any violation -Proceedings quashed, in circumstances.

B S. M. Rashid for Petitioners.

Shahid Iqbal, A. A.-G. for the State.,

Date of hearing : 14th November, 1982.

Muhammad Akram and Jamal-ud-Din (Petitioners) have come UP Under section 561-A, Cr. P. C. praying for the quashment of the proceedings pending against them in the Court of Ch. Abdul Haq, Magistrate 1st Class, for the offences under section 420/476, P. P. C. and section 66/67 of the Press and Publications Ordinance, 1963.

2. The main submission in this case is that the petitioners are workers in the press and are, in no way, responsible for the violation of the copy-right; and are not a party to any transaction of cheating or forgery. It is admitted that the owner of the printing press was not present at the time of the recovery of the alleged infringed printed material. In view of the provisions of section 7 of the Copy-right, Act, 1914, employees such as labourers and chowkidars would not be liable. Even otherwise, the property in possession of a servant on behalf of the master would for the purposes of the Penal Code remain in possession of the master as contemplated by section 27, A P. P. C. In this view of the matter the petitioners would not be liable. I therefore, accept this petition and direct that the proceedings in so far as the two petitions are concerned are quashed. The case against the remaining accused shall proceed according to law. Record of the case be sent back forthwith.

3. Before parting with this case it may be added that the trial Court may examine the question of the liability of the petitioners' employers who own the printing press.

Order accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.