Section 36 in The U.P. Sheera Niyantran Niyamavali, 1974
36. [ Taking of samples of molasses seized, arrangement for watch and handing over of articles seized to police custody. [Substituted by Notification No. 217-E-2/XIII-96-372-88, dated 19th January, 1996, published in U. P. Gazette (Extraordinary), Part 4, Section (Ka), dated 19th January, 1996.]
(1)The officer making seizure under the Act or these rules shall take two samples of the molasses seized and immediately seal the sample taken. The person from whose possession the seized articles have been recovered shall be allowed to affix his seal also on the samples if he so desires. One of the samples shall be delivered to such person and the other sample shall be retained by the person making such seizure. In case such a person refuses to receive or acknowledge receipt of the sample delivered to him, the person making the seizure shall prepare in duplicate a memo to this effect on the spot and keep with him both the seized samples. A copy of the memo will be sent to the Controller for information.(2)The officer making the seizure may depute a person to watch the stock seized under sub-rule (1).(3)The officer-in-charge of a police station shall take charge and keep in safe custody, pending the orders of a Magistrate or the Controller, all articles seized under the Act or these rules or any orders made thereunder as may be delivered to him till directions for final custody are given by the Magistrate having jurisdiction.(4)In case any article seized under the Act or these rules or any order made thereunder cannot easily be taken to a police station, the officer making the seizure may make some other arrangement for safe custody of the articles and may for this purpose seek the help of any officer of the Police, Excise or Revenue Department or a Municipality or Panchayat or of any village chaukidar and such officer, or village chaukidar shall in that case be legally bound to render all possible help to the extent required.(5)A sample of molasses seized under the Act or these rules may be sent by order of a Magistrate to the officer authorized under sub-rule (3) of Rule 29 to ascertain its sugar contents, or other specifications.]
