Section 15: Power of inspection, seizure, etc.

Statutory text

Bare law

(1) The Director, Controller or any legal metrology officer may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation,— (a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto; (b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.

(2) The Director, Controller or any legal metrology officer 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 of such weight or measure shall comply with such requisition.

(3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed.

(4) Every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures.

(5) Any inspection, search or seizure carried out by a legal metrology officer under this section in pursuance of a general or special order, instruction or written authorisation issued by the Director or Controller of Legal Metrology shall be deemed to have been made under a lawful warrant.

(6) If the Director, Controller or legal metrology officer has reasonable ground for believing that any person has failed to comply with any provision of the Act or rules or directions issued, wherever applicable, he may, by a improvement notice served on that person,–– (i) state the grounds for believing that the person has failed to comply with the provisions of Act or rules or directions issued; (ii) specify the matters which constitute the person’s failure so to comply; (iii) specify the measures which, in the opinion of the said Authority, the person must take, in order to secure compliance; and (iv) require the person to take those measures, within a reasonable period, as may be specified in the said notice.

(7) If the person fails to comply with an improvement notice issued under sub-section (6), his registration or approval, as the case may be, shall be suspended or revoked: Provided that the authorised officer may, after giving the person an opportunity of being heard, suspend or revoke the registration or approval granted, as the case may be, for reasons to be recorded in writing.