697/2024 Criminal Miscelleneous Fahad Ahmed Gulzar S/o Gulzar Ahmed & another (Applicant) V/S ASI/IO Saeed Mahroof & others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
697/2024 Criminal Miscelleneous Fahad Ahmed Gulzar S/o Gulzar Ahmed & another (Applicant) V/S ASI/IO Saeed Mahroof & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 15-JUL-24
On the aforesaid proposition, the learned counsel for the applicants contended that the Judicial Magistrate had no authority to interfere in the investigation and exceeded his jurisdiction while directing the Investigating Officer to present the chargesheet before the Intellectual Property Tribunal in Section 66-A of the Copyright Ordinance 1962. On facts, he contended that Sub Inspector PS PIB colony had lodged a false case against the applicants, as the alleged occurrence did not take place. The prosecution specifically alleged that the applicants had stocked different brands of Cigarettes, injurious to health but the same was never referred to the chemical examiner for verification. He maintained that in the peculiar circumstances of the case chemical examination of the purported case property was essential to corroborate the ocular account. The learned counsel further submitted that even if the prosecution version was assumed to be correct, Section 66-A of the Copyright Ordinance 1962 could not be invoked against them. The impugned order had thus seriously prejudiced the applicants.