Facts
On January 8, 1993, the Federal Office of Communications (OFCOM) initiated criminal proceedings against the company [S.] in Meilen on suspicion of an infringement within the meaning of Art. 57 of the Telecommunications Act. The company was accused of trading in modems that were marked with an OFCOM approval number, but did not meet the technical requirements of OFCOM internally. On February 23, 1993, five modems that were not approved at that time were seized from the business premises of the company S.
Since there was a suspicion that the company [S.] was advertising and putting into circulation further modified and unapproved modems, numerous modems as well as various folders with delivery notes and invoices were seized on October 21 on the premises of the company [S.] in Meilen and at their stand at the telecommunications trade fair "WinWorld" in the Kongresshaus Zurich. The documents were sealed upon objection.
By complaint dated October 25, 1993, F. [S.] requested the Indictment Chamber of the Federal Court to release the seized devices from the seizure and, if necessary, to return them to him; furthermore, the seized documents were to be released from the seizure and returned to him sealed with permission to remove the seal.
Considerations
The Indictment Chamber has to decide only whether the seizure is permissible. Whether the complainant has committed a criminal offense cannot be examined here. The Federal Office must examine and prove in the administrative criminal proceedings initiated against him whether the modems in question are not approved and whether the complainant actually committed an infringement within the meaning of Art. 57 FMG by producing, operating, advertising or putting into circulation the possibly unapproved modems.
The respondent as the specialized authority explains that apart from three GVC modems, all seized devices are not approved. Thus, the prerequisite…