Md Farukh Alias Md Farooque vs. The State Of Jharkhand

Held

The Court granted anticipatory bail to the petitioner. The reasoning appears to be based on the petitioner's submission that he was unaware of the spurious nature of the goods, his status as a businessman with a GST registration, and his lack of criminal antecedents. The Court considered the materials available on record and found it inclined to enlarge the petitioner on anticipatory bail. The operative direction was to release the petitioner on bail upon furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Cr.P.C., in the event of his arrest or surrender within three weeks.

Facts

The petitioner, Md. Farukh @ Md. Farooque, sought anticipatory bail apprehending arrest for alleged offences under Sections 420/34 of the Indian Penal Code and Section 63/65 of the Copyright Act, 1957. The F.I.R. alleges that an inspection on February 12, 2024, at Palamau Automobiles, owned by the petitioner, revealed the presence of duplicate motor parts of Kirloskar Proprietary Limited. Specifically, 12 pieces of Valve pair, 07 pieces of Piston ring set, and 03 pieces of Linear with JT ring were seized. The petitioner, a businessman with GST No. 20AACPF1757F1ZE, claims to have purchased these parts from Sanjay Sales Agency, Delhi, and was unaware they were spurious. He asserts no criminal antecedents and undertakes to cooperate with the investigation.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, given the allegations of possessing and selling spurious motor parts, which could constitute offences under the Indian Penal Code and the Copyright Act. Petitioner's Contention: The petitioner argued that he was falsely implicated, had no knowledge that the articles purchased from Sanjay Sales Agency, Delhi, were spurious, and that he is a legitimate businessman with a GST registration. He also stated he has no criminal antecedents and is willing to cooperate with the investigation. Revenue/State's Contention: The learned Additional Public Prosecutor opposed the petitioner's prayer for anticipatory bail.