Holding that the police were not empowered to seal a business premises on the basis of a complaint lodged under the Copyright Act of 1957, the Madras High Court on Tuesday ordered the de-sealing of a rice shop at Keelkattalai near here. The court also stayed all further proceedings pursuant to registration of a First Information Report (FIR).
Justice N. Anand Venkatesh passed the interim order on a writ petition filed by Sivaji Hi-Tek Foods Private Limited accusing the Inspector of Police, Intellectual Property Rights Enforcement Cell-Unit II, of having exceeded his jurisdiction by sealing the petitioner’s business premises on the basis of a complaint lodged by another firm.
Senior Counsel A.R.L. Sundaresan contended that the petitioner’s entire business had come to a standstill due to the sealing of the business premises due to a copyright dispute over the brand of rice sold by it.
Taking the judge through various provisions of the Act, he pointed out that none of them authorise the investigating officer to seal a business establishment.