Trade Marks Act, 1999
111. Forfeiture of goods.-
(1) Where a person is convicted of an offence
under section 103 or section 104 or section 105 or is acquitted of an offence
under section 103 or section 104 on proof that he acted without intent to
defraud, or under section 104 on proof of the matters specified in clause (a),
clause (b) or clause (c) of that section, the court convicting or acquitting
him may direct the forfeiture to Government of all goods and things by means
of, or in relation to, which the offence has been committed, or but for such
proof as aforesaid would have been committed.
(2) When a forfeiture is directed on a
conviction and an appeal lies against the conviction, an appeal shall lie
against the forfeiture also.
(3) When a forfeiture is directed on acquittal
and the goods or things to which the direction relates are of value exceeding
fifty rupees, an appeal against the forfeiture may be preferred, within thirty
days from the date of the direction, to the court to which in appealable cases
appeals lie from sentences of the court which directed the forfeiture.
(4) When a forfeiture is directed on a
conviction, the court, before whom the person is convicted, may order any
forfeited articles to be destroyed or otherwise disposed of as the court thinks
fit.