2017 (4) TMI 481

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....nd that these appellants have abated infringement of the copy right indulged by Shri Jatinder Singh Bagga, Proprietor of M/s.Modern Exports, who attempted export of books in respect of which the copyright was held by a UK Company. The penalties on the appellants were imposed for the reason that the goods were liable for confiscation under Section 113 (d) of the Customs Act, 1962, which provides that the export goods are liable for confiscation, if they are exported or attempted to be exported contrary to any prohibition imposed by or under Customs Act or any other law for the time being in force. The case of the department is that infringement of the copyright indulged by Shri JS Bagga, Proprietor of Modern Exports to whom the books were so....

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....ent has intention to impose a prohibition in respect of any goods for import or export of goods either the provision is made under the Customs Act, Foreign Trade Policy or any other law which related to the product. He has given some examples under different act where the specific prohibition was imposed in respect of various goods. Therefore, in the present case being no prohibition provided under any law, goods are not liable for confiscation. He further submits that the penalty was imposed under Section 114 (iii) which itself shows that this is not a case where Section 113 (d) is attracted. None of the provisions of Section 114 is attracted in the present case for imposition of penalty. He also submits that the identical issue has been c....

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.... of the copyright or the Registrar of Copyrights under this Act or in contravention of the condition of a licence so granted or of any condition imposed by a competent authority under this Act. (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or (ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or] (b) when any person- (i) makes for sale or hire, or sells or lets for hire, or by wa....