TMFP Act 14

Section 14 · Power of entry, search, seizure, etc

(1)

Any forest officer or police officer not below the rank of a Sub-Inspector, or any other person authorised by the Government in this behalf may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or to satisfying himself that the said provisions have been complied with-

(i)

stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of a minor forest produce;

(ii)

enter and search any place ; and

(iii)

where there is reason to believe that an offence punishable under this Act or any rule made thereunder has been committed in respect of any minor forest produce, seize such minor forest produce together with the receptacles, if any, in which it is contained and all tools ropes, chains, boats, vehicles or cattle used in committing any such offence.

(2)

Every officer seizing minor forest produce and other property under clause (iii) of sub-section (1) shall place on such produce or other property a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded in the manner prescribed, make a report of such seizure to the Magistrate.

(3)

Any forest officer not below the rank of a Ranger who, or whose subordinate, has seized any property, other than the minor forest produce, under clause (iii) of sub-section (1) may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the Magistrate.

(4)

Upon the receipt of any report under sub-section (2), the Magistrate shall, except where the offence is compounded, take such measures as may be necessary for the trial of the accused and the disposal of the minor forest produce and other property according to law.

(5)

The minor forest produce and other property seized under clause (iii) of sub-section (1) shall be kept in the custody of the forest officer not below the rank of the forest guard or village headman until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal is received.

(6)

The provisions of [sections 102 and 103 of the Code of Criminal Procedure, 1898, (Act V of 1898)] [See now the relevant provisions of Code of Criminal Procedure, 1973 (Act No.2 of 1974).] relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.

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