RAM KISHORE vs STATE OF U.P.

The Supreme Court held that the period for launching prosecution under Section 92 of the Trade and Merchandise Marks Act, 1958, begins from the date of the commission of the offence or the date of discovery by the prosecutor, not from the first discovery of infringement. The Court distinguished previous cases and found no merit in the appellant's plea of acquiescence under Section 77, affirming the High Court's conviction and reducing the sentence to a fine of Rs. 1,000.