section 23
Power to stop vehicles
The Madhya Pradesh Krishi Upaj Mandi Act 1972Power to stop vehicles. (1) At any time, when: (i) any officer or servant of the Board or any government officer or servant, who is authorized in this behalf by the Board or Collector in any market area; or (ii) any member of the 'State Mandi Board Service' in the concerned market area; or (iii) any officer or servant of the Market Committee, who is authorized in this behalf by the Market Committee in the concerned market area; makes such a request, the driver or any other person in charge of any vehicle, boat or other transport, as the case may be, shall stop such vehicle, boat or other transport and keep it standing for such time as may be reasonably necessary and shall allow such persons to examine the contents of such vehicle, boat or other transport and inspect all records related to the notified agricultural produce being carried, and shall furnish his name and address and the name and address of the owner of the said vehicle, boat or other transport and the name and address of the owner of the notified agricultural produce being carried in such vehicle, boat or other transport.
(2) The persons empowered under sub-section (1) shall have the power to seize any such notified agricultural produce, which has been brought into the market-area or taken out of the market-area in any vehicle, boat or other transport, or which is proposed to be taken out of the market-area, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid.
(3) If any person empowered under sub-section (1) has reason to suspect that any person is trying to evade the payment of any market-fee due from him under Section 19 or that any person has purchased or stored any notified agricultural produce in violation of any of the provisions of this Act or the rules or bye-laws in force in the market-area, he may enter or search any such place of business, warehouse, office, establishment or godown about which the person who is empowered under sub-section (1) has reason to believe that such person keeps the stock of notified agricultural produce there or such person had kept the stock of notified agricultural produce at that time; and may seize the agricultural produce kept in the storage and the agricultural produce so seized may be confiscated in the favour of the Market Committee in such manner as may be prescribed for this purpose: Provided that before confiscation of agricultural produce, the concerned person shall be given a reasonable opportunity of being heard.
(4) The provisions of Section 100, 457, 458 and 459 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply to the entry, search and seizure under sub-section (1), (2) and (3) in the same manner as they apply to the entry, search and seizure of property by a police officer. The report of such seizure shall be submitted immediately by the aforesaid person to the Magistrate having jurisdiction to try offences under this Act.
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