Consumer Protection Act Section 22 — Search and seizure
CHAPTER III CENRAL CONSUMER PROTECTION AUTHORITY
Civil
Summary
Sub-section (1) allows the Director-General, an officer authorised by him, or the District Collector to enter premises at a reasonable time and search for documents, records, articles, or other evidence if they believe a person has violated consumer rights, committed an unfair trade practice, or caused a false or misleading advertisement. This can only be done for an investigation after a preliminary inquiry under section 19. The authorised person may seize such evidence, make a note or inventory of it, or require any person to produce records, registers, or other documents.
Under clause (b) of sub-section (1), the authorised person can make a note or an inventory of any record or article found during the search.
Under clause (c) of sub-section (1), the authorised person can require any person to produce any record, register, or other document or article.
Sub-section (2) states that the rules for search and seizure under the Code of Criminal Procedure, 1973, will apply to searches and seizures carried out under this Act, as far as they are applicable.
Sub-section (3) says that any document, record, or article seized or produced must be returned to the person from whom it was taken or who produced it within twenty days of the seizure or production. This return happens after certified copies or extracts have been taken in the manner prescribed.
Sub-section (4) allows the Director-General or other authorised officer to dispose of any seized article that is subject to speedy or natural decay, in the manner prescribed.
Sub-section (5) states that for articles other than those subject to decay, the provisions in clause (c) of sub-section (2) of section 38 will apply in relation to analysis or tests, with necessary modifications.
Official Text
(1) For the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the Director-General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,--
(a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence;
(b) make a note or an inventory of such record or article; or
(c) require any person to produce any record, register or other document or article.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall apply, as far as may be, for search and seizure under this Act.
(3) Every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken.
(4) Where any article seized under sub-section (1) are subject to speedy or natural decay, the Director-General or such other officer may dispose of the article in such manner as may be prescribed.
(5) In the case of articles other than the articles referred to in sub-section (4), provisions contained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply in relation to analysis or tests.