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Union of India - Section

Section 128 in The Explosives Rules, 2008

128. Powers of search and seizure

.-(1) Any authority specified in column (1) of the Table below may within the jurisdiction specified in the corresponding entry in column (2) of that Table-(a)enter, inspect and examine any place, aircraft, train, carriage, vessel or any mode of transport in which an explosive is being manufactured, possessed, used, sold, transported, exported or imported under a licence granted under these rules, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, transported, exported or imported in contravention of the Act or these rules;(b)search for explosives or ingredients thereof;(c)take samples of any explosive or ingredients found therein on payment of the value thereof, if such payment is demanded at the time of the sample are taken;(d)seize, detain and remove any explosive or ingredients thereof found therein together with connected documents thereof in respect of which he has reason to believe that any of the provisions of the Act or these rules have been contravened.TABLE
Authority Jurisdiction
The Chief Controller or Controller All parts of India
All District Magistrates Their respective jurisdiction
All Executive Magistrates subordinate to the District Magistrate Their respective jurisdiction
All Commissioners of Police or Police Officers of rank not below that of a Sub-Inspector of Police Their respective jurisdiction
The Director General of Mines of officers subordinate to him Their respective jurisdiction
(2)Whenever any officer other than the Chief Controller seizes, detains or removes any explosive or ingredients thereof or any connected documents thereof under this rule, he shall forth with report the fact by telegram to the Chief Controller and the Controller under whose jurisdiction the place where the explosives were seized falls and whenever any officer not being the District Magistrate seizes, detains or removes any explosives or ingredients thereof or any connected documents thereof under this rule, he shall forthwith report the fact by telegram to the district authority concerned.
(3)Whenever any explosives are seized they shall be stored up in an isolated place under adequate guard until examination by the Chief Controller or Controller and receipt of instructions from him as to their disposal.
(4)Notwithstanding the above, the Executive Magistrates or Police Officers authorized in the table shall carry out inspection of the magazines located within their jurisdiction once in six months in order to ascertain if there has been any violation of the Act or the rules thereof. An assessment regarding adequacy of security guards provided by the licensee at the magazines as per Rule 21(2) should also be made during such inspection. A report of such inspection should be submitted to the concerned District Magistrate or Superintendent of Police or Commissioner of Police with a copy to the licensing authority.