Mr Prakash Prabhu vs The State Of Karnataka on 13 January, 2021
6. The learned counsel also relied upon the judgment of
Punjab and Haryana High Court in the case of SATPAL AND
ANOTHER v. STATE OF PUNJAB AND OTHERS reported in
2010 SCC Online P & H 10179 and brought to the notice of
this Court paragraph Nos.3, 7 and 10 of the judgment. Referring
the same, the learned counsel would submit that as per sub-
clause (4) of Section 115 of the Trade Marks Act, 1999, no police
officer below the rank of Deputy Superintendent of Police can
search and seize for goods regarding offence under Sections
103, 104 and 105. He also brought to the notice of this Court
that the word "shall" in the proviso is indication of the fact that
the provision is indeed mandatory. The said offences could have
only been investigated by the officer not below the rank of
Deputy Superintendent of Police.