Section 12 in The Jammu and Kashmir Saffron Act, 2007
12. Quality control.
(1)The Enforcement Inspectors and such other officers of the Agriculture Department as the Government may, by notification in the Government Gazette, appoint, shall be authorized to take such steps as may be necessary for implementing the provisions of the Act and the rules made thereunder.(2)Without prejudice to the generality of the powers under sub-section (1), the Enforcement inspectors may-(i)take samples of saffron from-(a)any seller, retailer, wholesaler or other trade ;(b)any purchaser, consignee or transporter for quality analysis.(ii)seize entire quantity of saffron, being exported by any trader or transporter or other agency in respect of which any offence under the Act has been committed, for quality analysis;(iii)send the sample of saffron to the Quality Control Laboratory for analysis, and -(a)deliver one sample to the person from whom it has been taken; and(b)retain the remaining sample for production, in case any legal proceedings are taken or for analysis by the Central Quality Control Laboratory, as the case may be ;(iv)enter and search, at all reasonable times, with such assistance as he considers necessary, any place in which he has reason to believe that any offence under the Act has been, or is being committed, and order in writing to the person in possession of saffron, in respect of which the offence has been or is being committed, not to dispose of any stock of such saffron for a specific period not exceeding 30 days or seize the stock of such dried saffron or direct the possessor to remove the defect in such saffron in his presence;(v)examine any record, register, document or any other material object found in any place mentioned in clause (iv) and seal the same, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under the Act; or(vi)break open any container/bag in which the saffron of any-notified grade may be contain or to-break open the door of any premises where such saffron may be kept for sale.(3)If the person, from whom the samples have been taken refuses to accept one of the samples, the Enforcement Inspector shall send intimation to the Seed Pathologist, heading the Seed Pathology Laboratory and Agriculture Chemist, heading the Quality Control Laboratory and where chemical analysis is to be carried out of the samples, of such refusal and there upon the Seed Pathologist receiving the sample for analysis, shall divide it into three parts and shall seal or fasten up one of these parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Enforcement Inspector or other officer who shall retain it for production in case legal proceedings are taken.(4)Where the Enforcement Inspector takes any action under sub-section (2), he shall, as far as possible call not less than two persons to be present at the time when such action is taken and their signatures on a memorandum to be prepared in the prescribed form and manner.(5)The provisions of the Code of Criminal Procedure, Samvat 1989, relating to search or seizure shall, so far as may be, apply to any search or seizure under this section.(6)Any person who prevents any Enforcement Inspector from taking samples or prevents them from exercising any other power under the Act, shall be punishable with imprisonment for a term not exceeding six months and fine not exceeding ten thousand rupees.
