The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 50. Cognizance of certain offences and the powers of police officer for search and seizure
No court can take cognizance of an offence under section 42 (or the now-omitted sections 43 or 44) except on a written complaint by the Registrar or an officer authorised by the Registrar; for the section 42(1)(b) offence specifically, a Registrar’s certificate that a registered geographical indication was falsely represented as registered for goods it is not registered for suffices to found cognizance. No court below a Metropolitan Magistrate or Judicial Magistrate of the first class can try an offence under this Act.
Offences under sections 39, 40 and 41 are cognizable. A police officer of at least Deputy Superintendent rank (or equivalent), satisfied that such an offence has been, is being, or is likely to be committed, may search and seize without warrant the goods, dies, blocks, machines, plates or other instruments involved, after first obtaining and abiding by the Registrar’s opinion on the facts; seized articles must be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate as soon as practicable.
A person with an interest in seized articles may, within fifteen days, apply to that Magistrate for their return, and the Magistrate decides the application after hearing the applicant and the prosecution.
