Cognizance of Certain Offences – Search & Seizure :
Under Section 50(2) it has been clearly stated that no court inferior to that of a Metropolitan Magistrate or judicial Magistrate of first class shall try an offence under this Act.
Sub-section (3) lays down that the offences stated under Sections 39, 40 and 41 shall be cognizable. Section 39 provides penalty for applying false geographical indications; Section 40 provides penalty for selling goods to which false geographical indication is applies; and Section 41 stipulates enhanced penalty on second or subsequent conviction respectively.
Sub-section (4) enacts that a police officer not below the rank of Deputy Superintendent of Police or equivalent, if he is satisfied that a cognizable offence has been committed or is likely to be committed, may search and seize- without warrant- the goods, die, block, machine, parts, plates, or other instruments or things involved in the commission of the offence, and whenever found shall be produced before the magistrate at the earliest.
However, the proviso to sub section (4) clearly mandates that the police officer before making any search and seizure shall obtain the opinion of the Registrar on the facts involved in the offence relating to the GI and shall abide by the opinion of the Registrar.
In addition to the above, the Registered Proprietor or Authorised User can obtain relief in respect of infringement of the Geographical Indications in the manner provided by this Act.