Chapter VII INSPECTION, SEARCH, SEIZURE AND FORFEITURE

24. (1) An Inspector may, within the local limits of his jurisdiction, inspect and test, at all reasonable times, any weight or measure which, (i) is being, or is intended to be used, or

1. (ii) is in the possession, custody or control of any person, or
2. (iii) is in or on any premises, in such circumstances as to indicate that such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection, and may also verify whether such weight or measure or any article sold or delivered to any person is in conformity with the standards established by or under the Central Act.

1. (2) For the purpose of ascertaining the correctness of any weight or measure used in any transaction, any Inspector may also test the weight or measure of any article sold or delivered to any person in the course of such transaction.

25. (1) An Inspector may, if he has any reasonable cause to believe that an offence punishable under this Act has been, or is likely to be, committed in respect of any weight or measure or that any weight or measure does not conform to the standards established, by or under the Central Act, require, at all reasonable times the person having the custody or control of such weight or measure to produce before him for inspection every such weight or measure which, (i) is used by such person or is caused by such person to be used by any other person, or

1. (ii) is in the possession, custody or control of such person for use, or
2. (iii) is kept in or on any premises for use in any transaction or for industrial production or for protection.

1. (2) The Inspector may also require the production of every document or other record relating to the weight or measure referred to in sub-section (1) and the person having the custody or control of such weight or measure shall comply with such requisition.
2. (3) On inspection, whether under section 24 or under this section, the inspector may obliterate the stamp on any weight or measure, (a) which does not, or cannot be made to, conform to the standards established by or under the Central Act : Provided that where the Inspector is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall serve a notice on the user of such weight or measure informing him of the defect or error found in the weight or measure and calling upon him to remove the defect or error within such time, not exceeding eight days, as he may specify and shall, (i) if the user fails to remove the defect or error within that period, obliterate the stamp, or
   • (ii) if the defect or error is so removed as to make the weight or measure conform to the standards established by or under the Central Act, verify such weight or measure and put his stamp thereon ;
   • (b) which does not admit of proper adjustment owing to its being broken, indented or other wise defective ;
   • (c) which, since the last verification and stamping, has been repaired or re-adjusted but does not, after such repair or re-adjustment, conform to the standards established by or under the Central Act ;
   • (d) which, being due for verification, has not been submitted for such verification.

26. (1) An Inspector may, if he has any reason to believe, whether from any information given to him by any person and taken down by him in writing or from personal knowledge or otherwise, that an offence punishable under this Act has been, or is likely to be committed in relation to any weight, measure or other goods which are sold, delivered or distributed by weight, measure or number, enter at all reasonable times, into any premises, (i) where such weight or measure is used, or kept or believed to be kept for use, in any transaction or for industrial production or for protection,

1. (ii) where such goods are manufactured, packed, distributed or sold or kept or offered for sale in packaged form, and inspect or verify any weight or measure or the net contents, by weight, meas;ire or number, of any package, and may also examine any document or other record relating thereto.

1. (2) An Inspector may at all reasonable times enter into any premises for such purposes other than those specified in sub-section (1), as may be prescribed.

27. (1) Where the Controller has reason to believe that any weight or measure, liable to be seized under this Act, or any document or thing in relation to any weight or measure, will be, in his opinion, useful for or relevant to, any proceeding under this Act, is secreted in any place, he may search or authorise any officer, not below the rank of an Inspector, to search for such weight or measure, document or thing and the provisions of section 100 of the Code of Criminal Procedure, 1973, shall apply to every such search.

1. (2) Every authorisation made by the Controller under sub-section (1) shall be deemed to be a warrant referred to in section 100 of the Code of Criminal Procedure, 1973.

28. (1) An Inspector may seize and detain any weight or measure in relation to which an offence under this Act appears to have been committed or which is likely to be used in the commission of such offence, and may also seize and detain any goods sold or delivered, or cause to be sold or delivered, by such weight or measure : Provided that where any goods seized under this sub-section are subject to speedy or natural decay, the Inspector may dispose of such goods in such manner as may be prescribed.

1. (2) Where any weight or measure or any article is seized and detained under sub-section (1), the Inspector may also seize and detain any document or other record relating to such weight, measure or article.

29. If, on verification of any commodity in packaged form, the net weight, measure or number of commodity contained in the package or container is found to tally with the net contents thereof, as stated on the label thereon, the Inspector shall, where the person from whom such commodity was obtained for verification is, (a) the manufacturer or packer of such commodity, get the commodity re-sealed or re-packed, as the case may be, or

1. (b) a person who buys or sells such commodity, in wholesale or retail, acquire such package or container on payment in cash to such wholesaler or retailer the market price of the commodity contained in such package or container.

30. Every false or unverified weight or measure seized under the provisions of this Act shall be liable to be forfeited to the Government.