Power of entry and seizure

(1) Any officer authorised in this behalf by the State Government may, between the hours of 6 a.m. and 6 p.m.- (a) enter upon any land in a controlled area in which he knows or has reason to believe that any prohibited variety has been or is being cultivated in contravention of a notification under sub-section (1) of section 3, or of the provisions of section 6, uproot such cotton, or cause it to be uprooted and seize the cotton so uprooted; (b) enter upon or into any land, building, vehicle or place in a controlled area in which he knows or has reason to believe that any standard variety mixed with any other standard variety or any prohibited or other variety of cotton, is kept in contravention of a notification under sub-section (1) of section 3, or of the provisions of section 6, and seize such cotton. (2) (a) Every officer seizing any cotton under sub-section (1) shall forthwith- (i) take a sample of the cotton seized, separate it then and there into three equal parts and securely pack and seal each of them with his seal in the presence of the occupier or person incharge of the land, building, vehicle or place on or in which such seizure was made and of two witnesses and in case the occupier or person aforesaid wishes to seal them... (1) [The text continues from preceding pages, here implied as part of the section]: ...behalf for examination and report to the Director, retain another such package for his own use and deliver the third sealed package to the occupier or person aforesaid (2) The officer referred to in clause (a) shall have discretion, either to entrust the remainder of the seized cotton to the occupier or person aforesaid or to make other arrangements for its safe custody. If the officer decides to entrust the cotton to the occupier or person aforesaid, such occupier or person shall take charge of the same and shall give an undertaking in writing to produce the said cotton before any Court when required to do so by the said officer. (c) The officer referred to in clause (a) shall forthwith make a report of the seizure to the nearest magistrate having jurisdiction to try the offence committed in respect of such cotton, together with particulars of such cotton and furnish a copy of such particulars to the occupier or person aforesaid. (3) The opinion of the officer authorised under paragraph (ii) of clause (a) of sub-section (2) contained in any document signed by such officer regarding the cotton sent to him for examination under that clause, may be used as evidence as to the nature of such cotton, in any inquiry, trial or proceeding under this Act. (4) If the occupier or person aforesaid refuses to take charge of the cotton when required under clause (b) of sub-section (2) or to give the undertaking referred to in that clause, or fails to produce the cotton before the Court when required, he shall be punishable with fine which may extend to twice the value of such cotton.