Powers of search and seizure, etc.

(1) Any police officer not below the rank of an officer in charge of a police station or any officer of the Forest Department not below the rank of a Range Officer or any officer of the Revenue Department not below the rank of a Tahsildar within their respective jurisdiction may— (i) search any place, vehicle or receptacle, if he has reason to believe that any forest produce in respect of which an offence under this Act has been committed is kept or concealed therein; (ii) require the owner or the person in charge of any such forest produce to produce for his inspection the accounts, books or other documents maintained by him in respect of such forest produce or to furnish any other information relating to the purchase or sale of such forest produce, in such form and within such time as may be prescribed. (2) Any officer of the Forest Department not below the rank of a Range Officer or any officer of the Revenue Department not below the rank of a Tahsildar may search, seize and detain any forest produce in respect of which he has reason to believe that an offence under this Act has been committed and any book of accounts, registers, vehicles, receptacles or other documents which in his opinion will be useful for or relevant to any proceeding under this Act. (3) Any officer acting under sub-section (1) or sub-section (2) may seize any forest produce in respect of which an offence under this Act has been committed and any books of accounts, registers, vehicles, receptacles or other documents which he has reason to believe will be useful for or relevant to any proceeding under this Act. Provided that the officer seizing any property under this sub-section shall place on such property a mark of identification and shall forthwith make a report of such seizure to the Divisional Forest Officer or to such officer as may be authorised by the State Government in this behalf: Provided further that where the forest produce seized under this sub-section is of a perishable nature, the officer seizing it may sell such produce in public auction and deposit the proceeds in the Government Treasury. (4) Notwithstanding anything contained in sub-section (6), where any forest produce is seized under sub-section (1) or (2), the officer shall, if he has reason to believe that the forest produce is likely to deteriorate in quality or value and the seizure is likely to result in undue delay, submit a report to the Divisional Forest Officer having jurisdiction over the area, and the Divisional Forest Officer may, if he is satisfied, order that the forest produce be sold in public auction and the proceeds thereof deposited in the Government Treasury. (5) On receipt of the report under sub-section (4), the Divisional Forest Officer may, if he is satisfied that the forest produce is a forest produce in respect of which an offence under this Act has been committed— (a) order confiscation of the forest produce and the proceeds thereof; (b) if he is satisfied that the forest produce seized is not in conformity with the provisions of this Act, order that the same be disposed of in a manner as may be prescribed; (c) if he is satisfied that the requirements of clause (b) have been met, order that the proceeds of the auction be forfeited to Government; (d) if he is satisfied that there is no case for confiscation, order that the property be released. (6) On receipt of the report under sub-section (4), the Divisional Forest Officer shall, before passing any order under sub-section (5), give a reasonable opportunity to the person from whom the forest produce was seized to show cause why the forest produce should not be confiscated or the proceeds thereof forfeited to Government. (7) Every officer exercising the powers of seizure under this section shall, as far as may be, follow the provisions of sections 102 and 103 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure.