Amendment status not verified — confirm the current text below against the official source.
Ins. by Act 49 of 1964, s. 6 (w.e.f. 1-3-1965). 10 1[(4A) Where any article of food seized under sub-section (4) is of a perishable nature and the Local (Health) Authority is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the said Authority may, after giving notice in writing to the vendor, cause the same to be destroyed.] (5) The power conferred by this section includes power to break open any package in which any article of food may be contained or to break open the door of any premises where any article of food may be kept for safe: 2[Provided that the power to break open the package or door shall be exercised only after the owner or any other person in charge of the package or, as the case may be, in occupation of the premises, if he is present therein, refuses to open the package or door on being called upon to do so, and in either case after recording the reasons for doing so:] Provided further that the food inspector shall, in exercising the powers of entry upon, and inspection of any place under this section, follow, as far as may be the provisions of the 3[Code of Criminal Procedure, 1973 (2 of 1974)] relating to the search or inspection of a place by a police officer executing a search warrant issued under that code. (6) 4[Any adulterant found in the possession of a manufacturer or distributor of, or dealer in, any article of food or in any of the premises occupied by him as such] and for the possession of which he is unable to account to the satisfaction of the food inspector, 5[and any books of account or other documents documents found in his possession or control and which would be useful for, or relevant to, any investigation or proceeding under this Act, may be seized by the food inspector] and 6[a sample of such adulterant] submitted for analysis to a public analyst. 7[Provided that no such books of account or other documents shall be seized by the food inspector except with the previous approval of the authority to which he is officially subordinate.] (7) Where the food inspector take any action under clause (a) of sub-section (1) sub-section (2), sub-section (4), or sub-section (6), he shall 8[call one or more persons to be present at the time when such action is taken and take his or their signatures]. 9[(7A) Where any books of account or other documents are seized under sub-section (6) the food inspector shall, within a period not exceeding thirty days from the date of seizure, return the same to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in such manner as may be prescribed have been taken. Provided that where such person refuses to so certify, and a prosecution has been instituted against him under this Act, such books of account or other documents shall be returned to him only after copies thereof or extracts therefrom as certified by the court have been taken. (7B) When any adulterant is seized under sub-section (6), the burden of proving that such adulterant is not meant for purposes of adulteration shall be on the person from whose possession such adulterant was seized.] (8) Any food inspector may exercise the powers of a police officer 10[under section 42 of the Code of Criminal Procedure, 1973 (2 of 1974)] for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an article of food is seized.