Section 15 in The West Bengal Standards Of Weights And Measures (Enforcement) Act, 1958
15. Power to inspect, etc.
(1)An Inspector may, within the area under his jurisdiction, inspect, at such time as may be prescribed the weights or measures or weighing instruments or measuring instruments which are used in transactions [* * * * * *] [Words 'in trade or commerce' omitted by W. B. Act 10 of 1965.] or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing instrument or measuring instrument in accordance with the provisions of section 14.(2)An Inspector may, at such time as may be prescribed, require any person [engaged in any transaction] [Words substituted for the words 'engaged in any trade or commerce' by W.B. Act 10 of 1965.] or any employee or agent of such person to produce before him for inspection all weights, measures, weighing instruments and measuring instruments which are used by him or are in his possession or are kept on any [premises used for any transaction] [Words substituted for the words 'premises used for trade or commerce' by W.B. Act 10.] and all documents and records relating thereto and such person, employee or agent shall comply with such requirement.(3)An Inspector may seize any weight or measure or weighing instrument or measuring instrument regarding which an offence under this Act appears to have been, or which might be, used in the commission of such an offence, and may also seize any article sold or delivered or caused to be sold or delivered which has been weighed or measured by such weight or measure or weighing instrument or measuring instrument together with any documents or records relating to the transaction.(4)Where an Inspector has reasons to believe that a sealed package or container purporting to contain any net weight or measure of any article ordinarily sold by weight or measure does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may, in the presence of witnesses, break open the sealed container and verify its contents.(5)If, on such verification, the net weight or measure of the article is found to be correct, the Inspector shall tender the fair price thereof and may require a written acknowledgement therefor.(6)If, on the other hand, the net weight or measure of the article is found on such verification to be incorrect, the Inspector may seize the package or container and the article contained therein, after tendering the fair price thereof where the seizure is made from any person other than the manufacturer, and may file a complaint against the manufacturer for, contravention of the provisions of section 12.(7)[ Before making any seizure under sub-section (3) or under sub-section (6), the Inspector about to make, the seizure shall call upon two or more responsible persons of the locality in winch, the seizure is made, to attend and witness the seizure and may issue an order in writing to them or to any of them, so to do.(8)The seizure shall be made by the Inspector in the presence of such witnesses and a seizure list, containing the name and address of the person from whom, the seizure is made, the date of the seizure, a short description of the weight, measure, weighing instrument, measuring instrument, article, package or container seized, his own signature, the signature of the person from whom seized, if available, and the signatures of the witnesses, shall be prepared in quadruplicate by the Inspector who shall thereafter seal the weight, measure, weighing instrument, measuring instrument, article, package or container seized with his seal in the presence of the witnesses and shall affix thereto a copy of the seizure list.(9)When any seizure is made under sub-section (3) or under sub-section (6), the Inspector shall bring or cause to be brought to his office the seized weight, measure, weighing instrument, measuring instrument, article, package or container or, if that be not convenient, keep the same in the custody of the person from whom the seizure is made or of any other person considered fit by the Inspector upon such person furnishing a written undertaking for the production thereof at the office of the Inspector.(10)Any person who, without reasonable cause, refuses or neglects to comply with an order issued by the Inspector under sub-section (1) to attend or witness a seizure shall be deemed, to have committed an offence under section 187 of the Indian Penal Code.] [Sub-sections (7), (8), (9) and (10) inserted by W.B. Act 10 of 1965.]
