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Drugs and Magic Remedies, 1954

8. Powers of entry, search, etc. -

(1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorized by the State Government may, within the local limits of the area for which he is so authorized-

(a) Enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;

(b) Seize any advertisement which he has reason to believe contravenes any of the provisions of this Act:

Provided that the, power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise, from such document, article or thing without affecting the integrity utility or saleable value thereof;

(c) Examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if be has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.

(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under Section 98 of the said Code.

(3) Where any person seizes anything under clause (b) or clause (c) of sub section (1) he shall, as soon as may be inform a Magistrate and take his orders as to the custody thereof

Drugs and Magic Remedies, 1954 Back

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