Section 25F
Search and seizure with warrant
of Rubber Industry Board Enactment 1981
(1)
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that any premises or container has been used or is about to be used for, or there is in or on any premises or container, evidence necessary to establish the commission of an offence under this Enactment, the Magistrate may issue a warrant authorising an enforcement officer to whom it is directed, at any reasonable time by day or night and with or without assistance –
(a)
to enter any premises or container and search for, seize and detain any rubber, raw rubber, thing, book, document or other article;
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(b)
take samples of any rubber, raw rubber or thing found in the premises or container for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed;
(c)
to make copies of or take extracts from any book, document or other article so seized and detained;
(d)
to take possession of, and remove from the premises or container any rubber, raw rubber, thing, book, document or other article so seized and detain it for such period as may be necessary;
(e)
to search any person who is in, or on, such premises or container and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or
(f)
to examine and search any rubber, raw rubber, thing, book, document or other article.
(2)
An enforcement officer acting under subsection (1) may, if it is necessary to do so –
(a)
break open any outer or inner door of any premises or container and enter the premises or container;
(b)
forcibly enter any premises or container and every part thereof;
(c)
remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or
(d)
detain any person found on any premises or container searched under subsection (1) until the search is completed.
(3)
If, by reason of its nature, size or amount, it is not practicable to remove any rubber, raw rubber, thing, book, document or other article seized under this section, the enforcement officer making the seizure shall, by any means, seal such rubber, raw rubber, thing, book, document or other article in the premises or container in which it is found.
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(4)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the rubber, raw rubber, thing, book, document or other article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding ten times the amount of cess due or to imprisonment for a term not exceeding three years or to both.