SK ZAHARUL ISLAM Vs. UMAKANTA KHADIRATNA

JUDGEMENT

(1.) Petitioner calls in question correctness of order dated 6-4-1991 passed by the learned Sub-divisional Judicial Magistrate, Sadar, Cuttack (in short 'SDJM') refusing to accept the prayer made under Section 94 of the Code of Criminal Procedure, 1973 (in short 'the Code') and Section 64 of the Copyright Act, 1957 (in short 'the Act'), to issue search warrant for search and seizure of certain alleged materials in the nature of infringement of copyright of an almanac.

(2.) The learned SDJM refused the prayer on the ground that he had no jurisdiction to pass order for search and seizure.

(3.) The learned Counsel for the petitioner submits that the Magistrate had power to issue direction to the police official who under Section 64 of the Act is authorised to effect seizure. The learned Counsel for the opposite parties, however, submits that Section 64 makes it apparently clear that specified police officer is competent to effect any seizure of infringing copies. Therefore, the order of the learned Magistrate suffers from no infirmity.