Section 19 in The M.P. Standards of Weights and Measures (Enforcement) Rules, 1989
19. Disposal of seized weights, measures, etc.
(1)Any weight or measure or document or thing seized and detained under Section 30 or 31 of the Act which is not to be the subject of proceedings in a Court shall, after the expiry of sixty days of its seizure, be so dealt with as the Controller may by general or special order direct and the materials thereof shall be sold and the proceeds credited to the Government:Provided that the Controller may direct that unverified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verified and stamped, within ten days of the return, on payment of the prescribe d fee including the additional fee payable for undertaking re-verification after the expiry of the validity of the stamp.(2)[ Any weight or measure or document or thing or goods seized and detained under Section 30 or 31 of the Act, which is to be subject to proceedings in a Court, shall be produced by the Inspector before the Court shall, after conclusion of the proceedings, be taken possession of by the Inspector and dealt with in accordance with the order of Court :Provided that in the absence of the order of the Court, weight or measure or document or thing or goods shall be dealt with as the Controller may by special order direct.] [[Substituted by M.P. Notification No. F-13-45-99-XXIX-2, dated 17-3-2005. Prior to substitution it was as under:-'(2) Any weight or measure or document or thing seized and detained under Section 30 or 31 of the Act, which is to be the subject of proceedings in a Court shall be produced by the Inspector before the Court shall, after conclusion of the proceedings be taken possession of by the Inspector and dealt with in accordance with the orders of the Court:Provided that in the absence of the orders of the Court, weight or measure or document or thing shall be dealt with as the Controller may by special order direct and the materials thereof shall be sold and the proceeds credited to the Government.']](3)[ If any goods seized under Section 30 or 31 of the Act, are subject to speedy or natural decay, the Inspector shall have the goods weighed or measured or a verified weighing or measuring instrument available with him or near the place of offence and enter the actual weight or measure of the goods in a form specified by the Controller for this purpose and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be : -Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Inspector shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person. In the case of goods returned to the trader he shall give an undertaking that he shall not sell the defective goods without rectifying the defect thereon.] [[Substituted by M.P. Notification No. F-13-45-99-XXIX-2, dated 17-3-2005. Prior 10 substitution it was as under:-'(3) If any goods seized under Section 30 or 31 of the Act are subject to speedy or natural decay, the Inspector shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or nearest the place of offence and enter the actual weight or measure of the goods in a form specified by the Controller for this purposes, and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trailer or the purchaser as the case may be:Provided that if the trader or his agent or the other person (who has committed the of fence) refuses to sign the form, the Inspector shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person.']](4)[ Where the goods seized under sub-section (1) or Section 29 of the Standard Act are contained in a package and the package is false or does not conform in the provisions of the Act or any rule made thereunder and the goods in such package are subject to speedy or natural decay, the Inspector so far as may be, may dispose of the goods in such package in accordance with the provision of sub-rule (3) :Provided that the Controller shall be the Final Authority to decide whether the goods seized and detained arc subject to speedy or natural decay.] [[Substituted by M.P. Notification No. F-13-45-99-XXIX-2, dated 17-3-2005. Prior to substitution it was as under:-'(4) Where the goods seized under sub-section (1) of Section 29 of the Standards Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rule made thereunder and the goods in such package are subject to speedy or natural decay, the Inspector so far as may be may dispose of the goods in such package in accordance with the provisions of sub-rule (3).']](5)[ Where the goods seized under sub-section (1) of Section 29 of the Standards Act are not subject to speedy or natural decay, the Inspector may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.] [[Substituted by M.P. Notification No. F-13-45-99-XXIX-2, dated 17-3-2005. Prior to substitution it was as under: -'(5) Where the goods seized under sub-section (1) are not subject to speedy or natural decay, the Inspector may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.']](6)[ The goods referred under sub-rule (4), which are not to be subject of proceedings in a Court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may by special order direct.] [Inserted by M.P. Notification No. F-13-45-99-XXIX-2, dated 17-3-2005.]
