Section 86 in Uttarakhand Agricultural produce Marketing (Development and regulation) Act, 2011
86. Power of Entry, Search and Seizer.
(1)The Secretary of the Market Committee or any officer authorized by the State Government or the Board in this behalf, may -(a)for carrying out any of the duties imposed on the Market Committee under this Act, inspect at any / all reasonable time, all accounts, registers and other documents pertaining to the purchase and sale of agricultural produce and enter any shop, godown, factory or other place, where such account books or registers or other documents or such goods are kept or are reasonably believed to be kept and take or cause to be taken such copies or extracts from such account books, registers and other documents, as may be considered necessary;(b)seize any account-books, registers or other documents for reasons to be recorded in writing and prepare an inventory of such account-books, registers and other documents;Provided that a copy of such inventory shall be furnished to the person-in-charge of such account-books, registers or other documents;(c)where any account-books, registers or other documents are found in the possession or control of any person in the course of a search, it may be presumed that-(i)such account books, registers or other documents belong to such person,(ii)that the contents of such books of accounts and other documents are correct, and(iii)that such account-books and documents are in the hand writing and signature of such person, by whom they purport to be written n or regarding which it may reasonably be assumed that those signatures and hand writing are of such person of whom it should be;(d)seize any agricultural produce, in respect of which he has reason to believe that an offence under this Act has been or is being or is about to be committed;(e)seize any vehicle or animal, in respect of which he has reason to believe to be in use or to have been used for carrying such agricultural produce and detain the same for so long, as may be necessary in connection with any proceeding or prosecution under this Act;Provided that the person, seizing the agricultural produce, vehicle or animal shall forthwith submit a report of the seizure to the Magistrate having jurisdiction to try offences under this Act, and the provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 shall, as far as may be, apply in relation to that agricultural produce, vehicle or animal seized as aforesaid, as they apply to property seized by a Police Officer;Provided further that the grounds for seizing any such agricultural produce, vehicle or animal shall be communicated in writing, within twenty-four hours of the seizure, to the person from whose possession the same was seized, and to the Magistrate having jurisdiction to try offences under this Act.(2)The provision of section 100 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), relating to search and seizure, shall, so far as may be apply to searches and seizures made under this section.
