8. Power to search and seize.—
(1) If the authorised officer has any reason to believe that,—
(a) any article or class of articles specified in any order made under section 3 is being produced in
any place in contravention of such order; or
(b) any article or class of articles produced in contravention of such order are secreted in any
place; or
(c) any article or class of articles is liable to forfeiture under this Act,
he may enter into and search such place or premises for such article, or class of articles or any powerloom
which in the opinion of the authorised officer may have been used for the production of such article or
class of articles.
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(2) Where, as a result of any search made under sub-section
(1), any article or class of articles or any
power loom has been found and the authorised officer has reason to believe that such article or class of
articles has been produced, or such power loom has been used for the production of any article or class of
articles, in contravention of any order made under section 3, he may seize such article, class of articles or
power loom, together with the package, covering or receptacle, if any, in which such article or class of
articles is found:
Provided that where it is not practicable to seize any article or power loom, the authorised officer may
serve on the owner of the article or the power loom, as the case may be, an order that he shall not remove,
part with, or otherwise deal with, the article or power loom except with the previous permission of such
authorised officer.
(3) Where any article or power loom is seized under sub-section
(2) and no prosecution has been
launched within six months of such seizure, it shall be returned to the person from whose possession it
was seized.
(4) The authorised officer may also seize any documents or things which, in his opinion, will be
useful for, or relevant to, any proceeding under this Act.
(5) The person from whose custody any documents are seized under sub-section
(4) shall be entitled
to make copies thereof or takes extracts therefrom in the presence of the authorised officer.
(6) If any person legally entitled to the documents or things seized under sub-section
(4) objects, for
any reason, to the retention by the authorised officer of the documents or things, he may make an
application to the Central Government stating therein the reasons for such objection and requesting for the
return of the documents or things.
(7) On receipt of an application under sub-section
(6), the Central Government may, after giving the
applicant an opportunity of being heard, pass such order as it may think fit.
