Section 19(4) in The General Grading and Marking Rules, 1988
(4)If the authorised officer is of the opinion that the article so seized or detained is subject to speedy or natural decay or it is otherwise expedient in the public interest to do so, he may dispose of such article in the manner as prescribed, namely:-(a)The authorised officer shall prepare a detailed report in respect of the consignment/packages article seized or detained indicating the date, place, name and address of person from whom the material is seized/or detained, name of the commodity, number of packages, size of packing, mode of packing, particulars of trade brand label/private trade marks on the containers, particulars of the grade designation marks affixed on the packages, etc., and obtain signature of the person concerned and two witnesses on the report;(b)Out of the total packages so seized/detained, the officer may select, at random, three packages and get the same suitably sealed, individual and separately, bearing signatures of the officer, the owner of authorised representative of the owner of premises/establishments and two witnesses. One sealed package shall be handed over to the owner or his authrorised representative under proper acknowledgement and the remaining two sealed packages shall be retained by the said officer for proceeding under the Act;(c)Where the article is seized for suspected counterfeiting of grade designation marks, attracting action under section 5 of the Act or suspected unauthorised marking with grade designation mark, attracting action under section 4 of the Act, the said officer may, after completing action as per (a) and (b) above, allow the remaining containers/packages to be opened in such a manner that the grade designation marks affixed on the containers/packages remain intact and the contents thereof may be returned to the concerned person from whom the consignment is seized. The empty containers bearing the grade designation mark shall be taken in custody by the said officer for proceeding under the Act;(d)Where the consignment seized or detained has been declared or suspected to be "misgraded", attracting action under Section 5(A) of the Act, the officer may, after completing action as prescribed under (a) and (b) above, get the grade designation marks and seals removed from the remaining packages, and return the packages or contents thereof to the person from whom seized. The grade designation marks and seals or the empty containers with the grade designation marks and seals or the empty containers with the grade designation marks, printed thereon shall be retained by the officer for proceeding under the Act;(e)Where the Agmark graded packages are seized from the market for being sold after the lapse of the expiry period indicated thereon, the authorised officer may serve a written order on the concerned person not to sell the said packages and issue a registered notice to the concerned authorised packer to withdraw the said packages from the market immediately or if the concerned person from whom the packages are seized, so desires, the officer may remove the grade designation marks from all the packages so seized/detained and thereafter return such packages to the concerned person from whom they were seized.
