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Section 58

Taking of samples

of Energy Efficiency and Conservation Act 2024

ActIn forceProvision 58 of 71
Section 58
(1)

Where any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing which are the subject matter of an offence under this Act are found in two or more packages or receptacles of the same description, it shall be presumed until the contrary is proved that all the packages or receptacles contain the document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing of the same nature, quantity and quality.

(2)

Where packages or receptacles containing document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing which contravene the provisions of this Act or are otherwise liable to seizure have been seized, it shall be sufficient only to open and examine one per centum or not less than five samples, whichever is the lesser, of the contents of each package or receptacle seized.

(3)

The court shall presume that the remaining samples contained in the package or receptacle is of the same nature as those samples examined.

Energy Efficiency and Conservation 49

Destruction, concealment, mutilation and alteration of document, etc.