Section 21A
Power to take possession
of Federal Agricultural Marketing Authority Act 1965
If any authorized officer or police officer has reason to believe that any person is committing an offence under this Act or any regulations made thereunder he may take possession in such manner as he shall deem fit of any agricultural produce in respect of which he has reason to believe such an offence has been committed or of any conveyance, machinery, contrivance, or other equipment or article by means of which any such offence has been committed or which he has reason to believe is intended to be used for the commission of that offence.
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(2)
Where under this section possession has been taken of any agricultural produce, then the Director General—
(a)
if he has reason to believe that an offence under this Act or any regulations made thereunder has been committed and criminal proceedings have been instituted against any person in respect of the offence, may apply to the court for an order that the agricultural produce shall be sold or disposed of and if the agricultural produce is ordered to be sold, the proceeds of sale shall be kept until the conclusion of the proceedings;
and
(b)
in any other case, may restore possession of the agricultural produce to the owner.
(3)
Where under this section possession has been taken of any conveyance, machinery, contrivance, or other equipment or article, then the Director General—
(a)
if he has reason to believe that an offence under this Act or any regulations made thereunder has been committed, may at his discretion, temporarily return the conveyance, machinery, contrivance, or other equipment or article to the owner of the same on security being furnished to his satisfaction that the conveyance, machinery, contrivance or other equipment or article shall be surrendered to him on demand; and
(b)
in any other case, may restore possession of the conveyance, machinery, contrivance, or other equipment or article, to the owner.
(4)
The Director General may in writing delegate his powers under subsections (2) and (3) to any authorized officer and may at any time revoke any such delegation.
(b)
Notwithstanding any such delegation, the Director General may, if he thinks fit, exercise the powers so delegated.
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