Section 19 in The Orissa Standard of Weights and Measures (Enforcement) Rules, 1993
19. Disposal of seized weights, measures etc.
(1)Any weight or measure or document of thing seized and detained by an Inspector which is not to be the subject of proceedings in a Court, shall, after the expiry of sixty days of its seizure, be so dealt with as the Controller may by general or special order direct :Provided that the Controller may direct that unverified weight or measure shall be returned to the person from whom weight or measure was seized if that person gets the same-verified and stamped, within ten days of the return, on payment of the prescribed fee including the additional fee payable for undertaking re-verification after the expiry of the validity of the stamp.(2)Any weight or measure or document or thing seized and detained by an Inspector which is to be the subject of proceedings in a Court, shall be dealt with in accordance with the orders of the Court :Provided that in the absence of the orders of the" Court, weight or measure or document or thing shall be dealt with as the Controller may by general or special order direct.(3)If any goods, seized under Sections 30 or 31 of the Act, are subject to speedy or natural decay, the Inspector shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or near the place of offence and enter the actual weight or measure of the goods in a form specified by the Controller for this purpose, and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be :Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Inspector shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person.(4)Where the goods seized under Sub-section (1) of Section 29 of the Standards Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rule made thereunder and the goods on such package are subject to speedy or natural decay, the Inspector so far as may be, may dispose of the goods in such package in accordance with the provision of Sub-rule (3).(5)Where the goods seized under Sub-section (1) are not subject to speedy or natural decay, the Inspector may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.
