State of A.P. v. Nagoti Venkataramana
[(1996) 6 SCC 409]
Coram: Division Bench comprising Hon’ble Mr. Justice K. Ramaswamy and Hon’ble Mr. Justice G.B. Pattanaik.
Forum: Hon’ble Supreme Court of India
Case No.: Criminal Appeals No. 1644-45 of 1996.
Date of Decision: August 20, 1996.

Facts:

  • The State of Andhra Pradesh(Appellant), was representing the interests of copyright holders and the public.
  • The Nagoti Venkataramana (Respondent), operated a shop named Video City where he kept 90 cassettes of various Telugu, English, and Hindi cinematograph films for hire or sale.
  • The Respondent was found in possession of 90 cassettes of various Telugu, English, and Hindi films in a raid conducted by the Appellant which were being exhibited for hire or sale without authorization, constituting an alleged infringement of copyright laws. Hence, the suit was filed.


Background/ Procedural Posture:

  • The respondent was charged and found guilty by the Trial Court for breaching the Copyright Act, resulting in a six-month prison term and a Rs. 3,000 fine. This decision was affirmed by the Sessions Judge.
  • However, the High Court of Andhra Pradesh overturned this ruling on September 17, 1990, acquitting the Respondent. The Respondent has appealed to the Supreme Court, and these appeals are being considered on special leave.


Main Issue:

Whether the Defendant infringed the copyright ?