The Export (Quality Control and Inspection) Act, 1963
10C. Power to seize commodities, etc.
- If the authorised officer has any reason to believe that any commodity is liable to
confiscation under this Act, he may seize such commodity together with the
package, covering or receptacle, if any, in which such commodity is found and
where such commodity is found to have been mixed with any other goods or
materials, he may seize such commodity together with the goods or materials
with which it is so mixed:
Provided that where it is not practicable to seize any such commodity, the authorised
officer may serve on the owner of the commodity an order that he shall not
remove, part with, or otherwise deal with, the commodity except with the
previous permission of such authorised officer.
- Where any commodity is seized
under sub-section (1) and no notice in respect thereof is given under section
10L within six months of the seizure of such commodity, it shall be returned to
the person from whose possession it was seized:
Provided that the aforesaid period of six months may, on sufficient cause being
shown, be extended by the Director of Inspection and Quality Control by a
further period not exceeding six months.
- The authorised officer may seize any documents or things which, in his
opinion, will be useful for, or relevant to, any proceeding under this Act.
- The person from whose custody any documents are seized under sub-section
(3) shall be entitled to make copies thereof or take extracts therefrom in the
presence of the authorised officer.
- If any person legally entitled to the documents or things seized under
sub-section (3) 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.
- On receipt of an application
under sub-section (5), the Central Government may, after giving the applicant an
opportunity of being heard, pass such order as it may think fit.
- Where any document--
- is produced or furnished by any
person or has been seized from the custody or control of any person under this
Act or any other law for the time being in force; or
- has been received from any place
outside India (duly authenticated by such authority or person and in such manner
as may be prescribed) in the course of the investigation of any offence alleged
to have been committed by any person against this Act, and such document is
tendered in evidence against the person by whom it is produced or from whom it
was seized or against such person and any other person who is jointly tried, or
proceeded against, with him, the court, or, as the case may be, the adjudicating
authority shall, notwithstanding anything to the contrary contained in any other
law for the time being in force,--
- presume, unless the contrary is
proved, that the signature and every other part of such document which purports
to be in the handwriting of any particular person or which the court or the
adjudicating authority may reasonably assume to have been signed by, or to be in
the handwriting of, any particular person, is under that person@s handwriting,
and, in the case of a document executed or attested, it was executed or attested
by the person by whom it purports to have been so executed or attested;
- admit the document in evidence
notwithstanding that it is not duly stamped, if such document is otherwise
admissible in evidence.
Back