Section 14 in The M.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964
14. [ Power of seizure of property liable to confiscation and procedure therefor. [Substituted by M.P. No. 34 of 1987 (w.e.f. 18-9-1987).]
(1)Ail Forest Officers 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 tendu leaves;(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 tendu leaves, any Forest Officer or any person authorised by the State Government in this behalf may, seize such tendu leaves alongwith all tools, boats, vehicles, ropes, chains or any other articles used in committing any such offence under the provisions of this Act.(3)Any person authorised by the State Government in this behalf seizing any property under this section shall place all such property a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of an Assistant Conservator of Forest or any person 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 hulk 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 a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made :Provided that, when the tendu leaves 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 the official superior.[(3-A) Any Forest Officer not below the rank of a Forest Ranger, who or whose subordinate, has seized any tools, boats, vehicles, ropes, chains or any other articles under sub-section (2) may release the same on the execution by the owner thereof or security of an amount and in the manner, to the satisfaction of such officer, for the production of the property so released, if and when so required, before the Authorized Officer or a Magistrate having jurisdiction to try the offence on account of which the seizure has been made.] [Inserted by M.P. Act No. 1 of 2008.](4)Subject to the provisions of sub-section (6), when the authorised officer upon production before him of tendu leaves 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 in writing confiscate the tendu leaves so seized along with all tools, vehicles, boats, ropes, chains or any other articles used in committing such offence. [A copy of order of authorised officer] [Substituted for 'A copy of order of confiscation' by M.P. Act No. 1 of 2008.] shall be forwarded without any undue delay to the Conservator of Forests of the circle in which the tendu leaves has been seized.(5)No order confiscating any property shall be made under sub-section (3) unless the authorised officer-(a)sends an intimation in the form 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 the authorised officer to have some interest in such property;(c)affords an opportunity to the person 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 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.(6)No order of confiscation under sub-section (4) of any tools, vehicles, boats, ropes, chains or any other article (other than tendu leaves seized) shall be made if any person referred to in clause (b) of sub-section (5) proves to the satisfaction of the 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.(7)[ The provisions of Sections 102 and 103 of the Code of Criminal Procedure, 1973 (No. 2 of 1974), relating to search and seizure shall so far as may be apply to searches and seizures under this section.] [Inserted by M.P. Act No. 7 of 1989 (w.e.f. 31-12-1988).](8)[ Where the authorised officer having jurisdiction over the area has himself seized the property or made investigation of the case, the: Divisional Forest Officer may transfer the case to any other officer of the same rank to conduct the proceedings under this section.] [Inserted by M.P. Act No. 1 of 2008.]
