Section 15 in The M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969
15. [ Search and seizure of property liable to confiscation and procedure therefor. [Substituted by M.P. Act No. 15 of 1987 (w.e.f. 21-11-1986).]
(1)[Any Forest Officer as may be notified by the State Government or any Police Officer not below the rank of an Assistant Sub-Inspector] or any other person authorised by the State Government may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or to satisfying himself that the said provisions have been complied with,-](i)stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of specified forest produce;(ii)enter and search any place.(2)When there is reason to believe that any offence under this Act has been committed in respect of any specified forest produce, [any Forest Officer as may be notified by the State Government or any Police Officer not below the rank of an Assistant Sub-Inspector] [Substituted by M.P. Act No. 16 of 1990 (w.e.f. 21-8-1990).] or any person authorised by the State Government in this behalf may, seize such specified forest produce alongwith all tools, boats, vehicles, ropes, chains or any other articles used in committing such offence under the provisions of this Act.(3)Any officer or person seizing any property under this section shall place on all such properly a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before the officer not below the rank of an Assistant Conservator of Forest authorised by the State Government in this behalf, by notification (hereinafter referred to as the authorised officer) or where it is having regard to quantity or bulk or other genuine difficulty, not practicable to produce the property seized before the authorised officer, make a report about the seizure to the authorised officer, or where it is intended to launch criminal proceedings against the offender immediately make report of such seizure to the Magistrate having jurisdiction to try the offence on account of which seizure has been made :Provided that, when the specified forest produce with respect to which such offence is believed to have been committed is the property of Government and the offender is unknown, it shall be sufficient if the officer makes as soon as may be a report of the circumstances to his official superior.(3A)[ Any forest officer of a rank not interior to that of a Ranger, who or whose subordinate, has seized any tools, boats, vehicles, ropes, claims or any other article as liable for confiscation, may release the same on the execution by the owner thereof, of a security in a form as may the prescribed, of an amount equal to double the value of such property, as estimated by such officer, of the production of the property so released, when so required, before the officer authorized to order the confiscation or the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.] [Inserted by M.P. Act No. 14 of 2007.](4)Subject to the provisions of sub-section (6), where the authorised officer upon production before him of the specified forest produce or upon receipt of report about the seizure, as the case may be, is satisfied that offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded confiscate the specified forest produce so seized together with all tools, vehicles, boats, ropes, chains or any other articles used in committing such offence. A copy of order of confiscation shall be forwarded without any undue delay to the [Officer-in-charge of Forest Circle] [Substituted for 'Conservator of Forest of the Circle' by M.P. Act No. 11 of 2009.] in which the specified forest produce has been seized.(5)No order confiscating any property shall be made under subsection (4) unless the authorised officer,-(a)sends an intimation in forms prescribed about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;(b)issues a notice in writing to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property;(c)affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and(d)gives to the officer or person effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on the date to be fixed for such purpose.(5A)[ When the authorised officer having the jurisdiction over the case is himself involved in the seizure of investigation, the next higher authority may transfer the case to any other officer of the same rank for conducting proceedings under this section.] [Inserted by M.P. Act No. 14 of 2007.](6)No order of confiscation under sub-section (4) of any tools, vehicles, boats, ropes, chains or any other articles (other than specified forest produce seized) shall be made if any person referred to in clause (b) of sub-section (5) proves to the satisfaction of authorised officer that any such tools, vehicles, boats, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of objects aforesaid for commission of an offence under this Act.(6A)[ The seized forest produce or any other property, if ordered to be released by the authorised officer, shall continue to be under custody until confirmation of the order of the authorised officer by the Appellate Authority or until the expiry of the period for initiating "suo motu" action by him, whichever is earlier, as specified under Section 15-A.] [Inserted by M.P. Act No. 14 of 2007.](7)[ The provisions of Sections 102 and 103 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) relating to search and seizures shall so far as may be apply to searches and seizures under this section] [Inserted by M.P. Act No. 16 of 1990 (w.e.f. 21-8-1990).].
