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State of Madhya Pradesh - Section

Section 23 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972

23. [ Power to stop vehicles. [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]

(1)At any time when so required,-
(i)[ by any officer or servant of the Board or any Government Officer or servant so empowered by the Board or the Collector in this behalf in any market area, or;]
(ii)by any member of the [State Mandi Board Service] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] in the market area concerned; or
(iii)by any officer or servant of the Market Committee empowered by the Market Committee in this behalf in the market area concerned, the driver or any other person incharge of any vehicle, vessel or other conveyance shall stop the vehicle, vessel or other conveyance, as the case may be, and keep it stationery as long as may reasonably be necessary and allow such persons to examine the contents in the vehicle, vessel or other conveyance and inspect all records relating to the notified agricultural produce carried, and give his name, address and name and address of the owner of the notified agricultural produce carried in such vehicle, vessel or other conveyance.
(2)Persons empowered under sub-section (1) shall have power to seize any notified agricultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid.
(3)If any person empowered under sub-section (1) has reason to suspect that any person is attempting to evade the payment of any market fee due from him under Section 19 or that any person has purchased or stored any notified agricultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws in force in the market areas, he may enter or search any place of business, warehouse, office, establishment or godown where the person empowered under sub-section (1) has reason to believe that such person keeps or has for the time being kept stock of notified agricultural produce [and may seize the stored agricultural produce and the agricultural produce so seized may be confiscated in favour of Market Committee, in such manner as may be prescribed for the purpose :] [Substituted by M.P. Act No. 28 of 2001 (w.e.f. 27-12-2001), for the words 'and may seize the stored agricultural produce'.][Provided that before confiscation of the agricultural produce the person concerned shall be given a reasonable opportunity of being heard.] [Inserted by M.P. Act No. 28 of 2001 (w.e.f. 27-12-2001).]
(4)The provisions of Sections 100, 457, 458 and 459 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall, apply to entry, search and seizure under sub-sections (1), (2) and (3) as they apply in relation to the entry, search and seizure of property by police officer. Such seizure shall forthwith be reported by the person aforesaid to a Magistrate having jurisdiction to try the offence under this Act.