law: Trade Marks Act, 1999  
  115. Cognizance of certain offences and the
  
  powers of police officer for search and seizure.- 
  (1) No court shall take cognizance of an
  
  offence under section 107 or section 108 of section 109 except on complaint in
  
  writing made by the Registrar or any officer authorized by him in writing.
  Provided  that in relation to clause (c) of
  
  sub-section (1) of section 107, a court shall take cognizance of an offence on
  
  the basis of a certificate issued by the Registrar to the effect that a
  
  registered trade mark has been represented as registered in respect of any
  
  goods or services in respect of which it is not in fact registered.
  (2) No court inferior to that of a
  
  Metropolitan Magistrate or Judicial Magistrate of the first class shall try an
  
  offence under this Act.
  (3) The offences under section 103 or section
  
  104 or section 105 shall be cognizable.
  (4) Any police officer not below the rank of
  
  deputy superintendent of police or equivalent, may, if he is satisfied that any
  
  of the offences referred to in sub-section (3) has been, is being, or is likely
  
  to be , committed, search and seize without warrant the goods, die, block, machine,
  
  plate , other instruments or things involved in committing the offence,
  
  wherever found, and all the articles so seized shall, as soon as practicable,
  
  be produced before a Judicial Magistrate of the first class or Metropolitan
  
  Magistrate, as the may be.
  Provided  that the police officer, before making
  
  any search and seizure, shall obtain the opinion of the Registrar on facts
  
  involved in the offence relating to trade mark and shall abide by the opinion
  
  so obtained.
  (5) Any person having an interest in any
  
  article seized under sub-section (4), may within fifteen days of such seizure,
  
  make an application to the Judicial Magistrate of the First Class or
  
  Metropolitan Magistrate, as the case may be, for such article being restored to
  
  him and the Magistrate, after hearing the applicant and the prosecution, shall
  
  make such order on the application as be may deem fit.