Section 7 in The Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990
7. Power of search and seizure.
- [(1) The State Government may, by notification in the Official Gazette, authorise an Officer or the licensing authority, not below the rank of an Inspector, in the Department of Food and Civil Supplies or an Officer of the Oil Company, not below the rank of Sales Officer, for the purpose of implementing the provisions of this Order.] [Substituted by G.S.R. 546 (E), dated 5th August, 1993.](2)Enter and search any place or premises being made use of or suspected to be made use of in the business of the dealer, transporter, consumer or any other person who is an employee or agent of such dealer/ transporter/consumer with respect to which there is reason to believe that the provisions of this order have been/are being or are about to be contravened;(3)Stop and search any person or vehicle or receptacle used or intended to be used for the movement of the product;(4)Inspect any book of accounts or other documents or any stock of the product used or suspected to be used in the business of the dealer, transporter, consumer or any other person suspected to be an employee or agent of the dealer, transporter or consumer;(5)Take samples of the product and/or seize any of the stocks of the product which the officer has reason to believe has been or is being or is about to be used in contravention of this order and hereafter take or authorise the taking of all measures necessary for securing the production of stocks/items so seized before the Collector having jurisdiction under the provisions of the Essential Commodities Act, 1955 (10 of 1955) and for their safe custody pending such production;(6)While exercising the power of seizure provided under sub-clause (5), the authorised officer shall record in writing the reasons for doing so, a copy of which shall be given to the dealer, transporter, consumer or any other concerned person;(7)The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure, shall, as far as may be, apply to searches and seizures under this order.
