Section 19 in Bihar Legal Metrology (Enforcement), Rules, 2014
19. Disposal of seized weights, measure, etc.
(1)Any un-verified 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 fifteen days of the return, on payment of the prescribed 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 sections 15 of the Act, which is to be the subject of proceedings in a court shall be produced by the Legal Metrology Officer before the court and shall after conclusion of the proceedings, be taken possession of by the Legal Metrology Officer 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 or goods shall be deal with as the Controller may by special order direct and the material thereof shall be sold and the proceeds credited to the Government.(3)If any goods, seized under 15 of the Act. are subject to speedy or natural decay, the Legal Metrology Officer 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 thereafter 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 Legal Metrology Officer 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 defects thereon.(4)Where the goods seized under sub-section (1) of section 15 of the Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rules made there under and the goods in such package are subject to speedy or natural decay, the Legal Metrology Officer so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).Provided that the Controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural decay.(5)Where the goods seized under sub-section (1) of Section 15 of the Act are not subject to speedy or natural decay, the Legal Metrology Officer 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) & (5) which are not to be the subject of proceedings in court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may by special order direct.
