Punjab and Haryana High Court denies Anticipatory Bail to accused for selling counterfeit branded garments

The petition was filed Under the Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Justice Sumeet Goel, presiding over the Punjab & Haryana High Court at Chandigarh, dismissed the anticipatory bail plea, to the petitioner in the case bearing FIR.

As he had allegedly been a seller of unauthorised counterfeit garments bearing fake labels from international brands Levi’s, Zara, Calvin Klein, Tommy Hilfiger, and Skechers.

The case emerged from an FIR registered in response to a raid against Petitioner’s store, “For Brothers”, in Amritsar, where police seized a large amount of fake clothes believed to be counterfeit. Singh did not enter the raid site and reportedly eluded arrest. Singh said he’s a bona fide businessman, registered under GST, and that his merchandise has been bought at wholesale markets with receipts.

He alleged false implication and that custodial interrogation was not necessary. The State refused to grant bail, stating counterfeit items were recovered, and that custodial interrogation was required to search for the supply chain and other involved persons.

The recovery of clothes prima facie suggests copyright infringement; invoices made by Narinder Singh cannot be accepted at this time as there was inconsistency. Custodial interrogation was necessary because the investigation was ongoing, and forensic reports were pending.

Justice Goel ruled that providing anticipatory bail would get in the way of an effective investigation and therefore the petition was dismissed.

To Read The Full Judgement Download The PDF Given Below.