Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part XIII · Enforcement
125. Search by warrant
Feedback & supportIf it appears to a Magistrate, upon written information on oath and after such enquiry as he considers necessary, that there is reasonable cause to believe that in any premises there is or has been any contravention of this Act, the Magistrate may issue a warrant authorizing any Assistant Controller named therein to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to—
premises
“premises” means any place, building or vehicle, whether permanent or temporary;
search for and seize any goods, thing, book, document, record or other article that is reasonably believed to furnish evidence of the contravention of this Act;
take samples of any goods or thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed; and
make copies of or take extracts from any book, document, record or other article found in the premises.
Where, by reason of their nature, size or amount, it is not practicable to remove any goods, thing, book, document, record or other article seized under subsection (1), the Assistant Controller shall, by any means, seal such goods, thing, book, document, record or other article in the premises or container in which they are found.
goods
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
It shall be an offence for any person without lawful authority to break, tamper with or damage the seal referred to in subsection (2)
damage
“damage” means death or personal injury, or any loss of or damage to any property, including land, as the case may require;
or to remove any goods, thing, book, document, record or other article under seal or to attempt to do so.
record
“record” includes account books, bank books, vouchers, receipts, correspondence and any other document regardless of whether the record is on paper or is in electronic, photographic or other form but does not include patient medical record;
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consumer
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
An Assistant Controller entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
Assistant Controller
“Controller”, “Deputy Controller” and “Assistant Controller” mean persons appointed as such under section 7;
An Assistant Controller may in the exercise of his powers under this section, if it is necessary so to do—
break open any outer or inner door of the premises and enter into the premises;
forcibly enter the premises and every part of the premises;
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect; and
detain every person found in the premises until the place has been searched.
The Assistant Controller conducting a search under paragraph (1)(a) may, for the purpose of investigating into the offence, search any person who is in or on the premises.
The Assistant Controller making a search of a person under subsection (6) may seize or take possession of, and place in safe custody, all things other than the necessary clothing found upon the person and any other things for which there is reason to believe are the instruments or evidence of the offence, and such things may be detained until an order by the court is made for its disposal.