Section Text
(1) The Seed Inspector may--
(a) take samples of any seed in any notified kind or variety from--
(i) any person selling such seed; or
(ii) any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or
(iii) a purchaser or a consignee after delivery of such seed to him;
(b) send such sample for analysis to the Seed Analyst for the area within which such sample has been taken;
(c) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed;
(d) examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that if may furnish evidence of the commission of an offence punishable under this Act; and
(e) exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule made there under.
(2) Where any samples of any seed of any notified kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken.
(3) The power conferred by this section includes power to break open any container in which any seed of any notified kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale:
Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open to the door on being called upon to do so.
(4) Where the Seed Inspector takes any action under clause (a) of sub-section (1), he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner.
(5) The provisions of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warranted issued under section 98 of the said Code.