Section 35 in The Tea (Distribution and Export) Control Order, 2005
35. Power of entry and search and seizure etc.
(1)The Licensing Authority or any officer of the Tea Board, not below the rank of Inspectors, specially authorised by him in writing in this behalf, may enter and search at any time any land, building premises, vessels, air-craft or plant or machinery upon or in which the Licensing Authority has reason to believe that tea is stored, carried, distributed or sold in contravention of the provisions of this Order and may seize any tea or product of tea which appears to be stored, carried, distributed or sold in contravention of the provisions of this Order.(2)The following procedure shall be adopted relating to search and seizure-(a)any person residing in or being in charge of such place shall allow the duly authorised officer on production of the authority issued by the Licensing Authority free ingress thereto, and afford all reasonable facilities for a search therein;(b)before making a search, such authorised officer shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search;(c)the search shall be made in their presence, and a list of all the products of tea or related items seized in the course of such search and of the places in which they are found shall be prepared by the authorised officer and signed by such witnesses; but no person witnessing a search under this paragraph shall be required to attend the Court as a witness of the search unless specially summoned by it;(d)the occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared and duly signed by the said witnesses, shall be delivered to such occupant or person.(3)Any officer taking action under this paragraph shall submit a report to the Licensing Authority within twenty four hours of taking such action.
