CPA 22 — Search and seizure

Consumer Protection Act, 2019

Statutory 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.

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