Section 8 of The Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987
- (1)The authorised officer may, if he has reason to believe that any commodity has been packed in contravention of section 5 and is secreted in any place, premises or vehicle, enter into and search such place, premises or vehicle for such commodity.
- (2)Where, as a result of any search made under sub-section (1), any commodity packed in contravention of section 5 has been found, the authorised officer may seize such commodity and any other thing which, in his opinion, will be useful for, or relevant to, any proceeding under this Act: Provided that where it is not practicable to seize any such commodity or thing, the authorised officer may serve on the person an order that he shall not remove, part with, or otherwise deal with, the commodity or thing except with the previous permission of the authorised officer.
- (3)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section.
Summary
- This section gives the authorised officer the power to enter and search any place, premises, or vehicle if they believe illegal packing has occurred.
- The officer must have a reason to believe that a commodity is packed in violation of section 5 and is hidden there.
- If the officer finds illegally packed commodities, they can seize them along with anything else useful for legal proceedings.
- If seizing the items is not practical, the officer can issue an order blocking the person from moving or dealing with those items without permission.
- All searches and seizures under this section must follow the rules in the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. When can an authorised officer search a place, premises, or vehicle?
When the officer has reason to believe that a commodity has been packed in violation of section 5 and is hidden there.
2. What can the officer do if they find illegally packed commodities during a search?
They can seize the commodity and any other thing they believe will be useful or relevant to any legal proceeding under this Act.
3. What happens if it is not practical to seize the found items?
The officer can serve an order on the person commanding them not to remove, part with, or deal with the items without previous permission.
4. Which procedural law governs searches and seizures under this section?
The Code of Criminal Procedure, 1973.
Test yourself
Q1.What is required before an authorised officer can search a place under Section 8?
Q2.What can an officer seize besides the illegally packed commodity itself?
Q3.If an officer cannot easily move or seize a heavy commodity, what order can they issue?
Q4.Which Code governs how searches and seizures are carried out under this Act?
Q5.Under Section 8, what does the word "secreted" mean?