Sh. MUHAMMAD ASHFAQ vs THE STATE
This criminal petition for pre-arrest bail was filed before the Lahore High Court by an accused facing charges under Sections 66 and 67 of the Copyright Ordinance 1962, read with Sections 468, 471, 482, 483, and 486 of the Pakistan Penal Code 1860, following the rejection of his bail application by the Additional Sessions Judge, Faisalabad. The core legal question was whether the petitioner was entitled to pre-arrest bail in a case involving alleged trademark infringement and deceptive product packaging. The petitioner contended that his trade mark registration was pending, that the wrapper picture and manufacturing formula differed materially from the complainant's product, and that he was manufacturing his own distinct brand. The complainant's counsel/general attorney, while alleging striking resemblance designed to deceive consumers, ultimately conceded and did not oppose the grant of bail in light of the petitioner's poor health and chronic heart condition. The Lahore High Court confirmed the ad interim pre-arrest bail based on the concession made by the complainant company's attorney/counsel.
- Whether pre-arrest bail can be confirmed based on the no-objection statement of the complainant's general attorney/counsel?
- Whether serious health conditions like a chronic heart ailment constitute a valid ground for confirming pre-arrest bail in trademark infringement cases?
- Can ad-interim pre-arrest bail be confirmed where the complainant waives opposition on humanitarian or health grounds?
- Section 66, Copyright Ordinance 1962
- Section 67, Copyright Ordinance 1962
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 482, Pakistan Penal Code 1860
- Section 483, Pakistan Penal Code 1860
- Section 486, Pakistan Penal Code 1860
ORDER
' M. BILAL KHAN, J.---Sh. Muhammad Ashfaq son of Sh. Muhammad Ishaq, the petitioner, seeks pre- arrest bail in case F.I.R. No,424/06, dated 25-8-2006, registered with Police Station, Gulberg, Faisalabad, for offences under sections 66/67 of the Copyright Ordinance, 1962 read with sections 468, 471, 482, 483, 486, P.P.C.
2. The F.I.R. Had been registered at the instance of Mr. M. Tariq Malik Awan, Advocate the learned counsel for the complainant who also is the general attorney of Hilal Confectionary Limited. The allegation was that the petitioner was infringing the trade mark of their company and was manufacturing bubble gum giving out an impression as if the same was a product of the complainant company.
3. The petitioner's application for pre-arrest bail had been turned down by the learned Addl.
Sessions Judge, Faisalabad, vide order, dated 2-9-2006. Hence this petition.
4. It has been argued on behalf of the petitioner that he had applied in Form TM-46 for registration of his trade mark which was pendingwith the authority; that the petitioner was legitimately manufacturing Ding Dong Bubble gum whereas product of the complainant's company was Hilal "Ding Dong Bubble"; that the picture printed by the petitioner on the wrapper is quite different from the one printed by the complainant's company. Likewise it was argued that the formula for manufacturing their bubble gum was also materially different.
5. On the other hand the learned State counsel and Mr. M. Tariq Malik Awan, Advocate, the learned counsel for the complainant submitted that the printed picture has got striking resemblance with the wrapper of the complainant's company and that the same is a device to hoodwink unsuspected people. However, Mr. M. Tariq Malik Awan, Advocate who, as already stated, happens to be the attorney of the company submitted that in view of the visibly poor and fragile health of the petitioner who is a chronic heart patient he would not oppose the grant of pre-arrest bail to him.
6. In view of the statement made by the learned counsel/general attorney of the complainant company, the ad interim pre-arrest bail granted to the petitioner is hereby confirmed.