Section 8 in THE KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ACT, 2020
8. Power of search and seizure.- (1) Where a Police Officer notbelow the rank of Sub-Inspector or a Competent Authority has reason to believe that an offence under this Act has been committed has power to inspect and seize such cattle and premises and materials used or intended to be used for the commission of such offence.
(2)Every person in occupation of any such premises shall allow the competent authority or an Officer not below the rank of Sub-Inspector such access to the premises as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any questions put to him by the police Officer not below the rank of Sub-Inspector or the competent authority.(3)After the seizure under sub-section (1), he shall report such seizure, without unreasonable delay before the Sub-Divisional Magistrate forconfiscation.(4)On receipt of the report, records relating to premises and materials used or intended to be used in the commission of the offence, theSub-Divisional Magistrate may on his being satisfied that an offence has been committed or intended to be committed under this Act, may release thematerials including vehicle except cattle on production of a Bank guarantee equal to the value as estimated by him pending disposal of the criminal proceedings instituted in respect of the alleged offence and on the execution of Bank guarantee by the owner thereof of a bond for the production of theproperty so released as and when so required before the magistrate having jurisdiction to try the offence on account of which the seizure had beenmade and order for handing over the cattle to an institution established under section 19.(5)On receipt of report of such seizure records relating to premises and materials used or intended to be used in the commission of the offence,the Sub-Divisional Magistrate may on his being satisfied that an offence has been committed or intended to be committed under this Act, whether a prosecution is instituted for such offence or not pass such orders confiscating the same:Provided that, no such order shall be made without giving an opportunity of being heard to the person who committed the offence.(6)While making an order for confiscation under sub-section (5), the Sub-Divisional Magistrate may also order that such of the properties to which the order of confiscation relates which in his opinion cannot be preserved or are not fit for human consumption be destroyed.(7)If the Sub-Divisional Magistrate in his opinion feels that it is expedient in the public interest so to do, may sell the confiscated premisesin public auction.(8)When any confiscated property is sold as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses, relating thereto, shall, where the order of confiscation is made under sub-section (5) is set aside or annulled by the Appellate court be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.(9)The confiscated cattle shall be handed over to an institution established under section 19 and shall not in any circumstances be handed over to the accused or sold in public auction.
