The Goa, Daman and Diu Wild Animals and Wild Birds Protection Act, 1965 38Chapter VI · Prevention and detection of offences and penalties

Section 38 · Power of entry, search, arrest, and detention and power to release the property

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(1)

The Wild Life Preservation Officer or any other Game Officer empowered by him or any Forest or Police Officer may, if he has reasonable grounds for believing that any person has committed an offence against this Act,-

(a)

require any such person to produce for his inspection any animal, bird, meat or trophy in his possession or any licence, permit or other document issued to him or required to be kept by him under the provisions of this Act;

(b)

enter and search any premises, land, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession;

(c)

seize any animal, bird, meat or trophy in the possession of any person and appearing to him to be the property of the Government of Goa, Daman and Diu together with any vehicle, weapon, trap or tools used for committing any such offence, and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, without warrant, arrest and detain him.

(2)

Any Officer, of a rank not inferior to that of an Assistant Game Warden, who or whose subordinate, has seized any vehicle, weapon, trap or tools, under clause (c) of sub-section (1), may release the same on the execution by the owner thereof, of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

(3)

It shall be lawful for any of the officers referred to in sub-section (2) to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of this Act for the purposes or requiring such person to produce his licence or permit, and if such person fails to produce his licence or permit, as the case may be, he may be arrested without a warrant, unless he furnishes his name and address and otherwise satisfies the Officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.

(4)

Any person detained, or things seized under the foregoing powers, shall forthwith be taken before a Magistrate to be dealt with according to law.

(5)

Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence, against this Act.

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