VENUS INDUSTRIES Vs. STATE

JUDGEMENT

(1.) . This petition is directed against the order dated 4.12.2001 of the Metropolitan Magistrate, whereby the learned Magistrate has directed the Deputy Commissioner of Police, Delhi to search and seize the incriminating goods, infringing material, packing, tools, dyes, documents, accountbooks, blocks, plates, machinery etc. being used for making the infringing goods or the deceptively similar goods in finished and unfinished respect of the goods/products manufactured by the complainant as mentioned in Annexures 'A' and 'B' of the complaint.

(2.) . It is argued by the learned Counsel for the petitioner that in the first place the Magistrate has no power to issue such a warrant in a complaint made under Designs Act since the Act gives remedy which is a civil remedy under Section 22 thereof. He further submits that under the Copy Right Act, Section 15 specifically de-recognises any design registered under Designs Act, 1911, He, therefore, submits that without first appreciating whether the Magistrate had jurisdiction to issue such a warrant, the Magistrate ought not to have issued the search warrant and if the same could be issued then it could not be of a nature and magnitude as to totally bring about closure of rival business of the petitioner.

(3.) . Learned Counsel for the complainant submits that the Court has jurisdiction inasmuch as designs registered under Desings Act, 1911 are protected/saved by Section 48 of the Designs Act, 2000 as they are deemed to have been acts done under the corresponding provisions of me new Act and, therefore. Court had jurisdiction to go into the matter.