Amendment status not verified — confirm the current text below against the official source.
Power to search and seizure.—(l) Notwithstanding anything contained in any law for time being in force, the Government or the authorized officer may, by general or special order, empower any police officer not below the rank of a Sub Inspector of Police, to search any place or person, to stop and search any vessel, vehicle, cart or animal or any other conveyance and where the authorized officer has reason to believe that the same was used or attempted to be used in contravention of the provisions of sub-section (1) of section 1 6A, to seize and take further proceedings in respect of any material object, including such vessel, vehicle, cart, animal or other conveyance, subject to the provisions of sub-section (2) of section 16A. (2) Where a police officer empowered under sub-section (1) detects any material object, including vessel, vehicle, cart, animal or other 6onveyance and. if there is a law for initiating prosecution proceedings in respect of such material object and any person or any conveyance mentioned above has been detained, the matter shall immediately be infomied to the competent officer concerned or the authority for the purpose of seizing such material object and initiating such further proceedings as per the provisions of the law concemed if such material objects are seized under this Act, the matter shall immediately be reported before the District Magistrate having jurisdiction.] 3[17A. Procedure for search and seizure.—(l) Where a Police Officer authorized under sub-section (1) of section 17 conducts search of any place or person, the provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, mutatis mutandis, apply to such search and in dealing with any object seized by such an Officer, the provisions of sub-section (3) of section 102, sections 457, 459 and 481 of.the said Code shall apply subject to the modifications that the references to "Magistrate" and "court" in the said sections shall be construed as "District Magistrate" and the references to "Code" shall be construed as "Act" and for the purpose of the said sections, the rules made by the High Court of Kerala in exercise of the powers conferred by the said Code, as amended from time to time, shall, mulatis mutandis, as far as possible, apply to the proceedings under this Act. (2) Any person aggrieved by an order passed by the District Magistrate in respect of any material object seized under this Act may, within sixty days from the date of receipt of such order, prefer an appeal before the Secretary to Government in charge of the Home Department. Substituted by Act 41 of 2014. Inserted by Act 41 of 2014. (3) On receipt of an appeal under sub-section (2), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such order confirming, modifying or annulling the order appealed against, as it deems fit. I 7B. Procedure for confiscation.—( I) No order confiscating any material object under this Act shall be passed without giving the person from whom it is seized and the owner of such material object,— a notice in writing informing him the grounds on which such material object is proposed to be confiscated; an opportunity to submit a representation in writing against the grounds of confiscation, within such reasonable time as may be specified in the notice for the same; a reasonable opportunity of being heard in the matter; and an opportunity to produce evidence: Provided that if such person is not known or cannot be found the District Magistrate may initiate the steps under sub-section (2) of section 1 7C. (2) Where the owner of the vessel, vehicle, cart, animal and other conveyances proves to the satisfaction of the District Magistrate that it was used for committing the anti-social activity without the knowledge or connivance of himself or of his agent, if any, and the person in charge of such vessel, vehicle, cart, animal or other conveyance had taken all reasonable and necessary precaution against such use, no order for confiscation of any material object shall be passed under this Act. 1 7C. Order for confiscation.—( 1) Where the District Magistrate is satisfied on the matters coming under his jurisdiction that any material object was used or is being used or is attempted to be used in violation of the provisions of section 16A, he may pass an order for confiscation of such material object, including the vessel, vehicle, cart, animal or other conveyance used or being used or attempted to be used for carrying the same. (2) Where the person who has committed violation of section 1 6A and the owner of the material object seized are not known or cannot be found or no person makes any claim for the release or return of the material object within six months, the District Magistrate may, after issuing a proclamation specifying the details of the material object to be confiscated and requiring any person who may have a claim on it to appear before him within three months from the date of proclamation and to establish his claim, if he is satisfied that they may be confiscated, pass orders for confiscation of the same. 37 Material objects not liable to confiscation to be returned to the owner.—Where the District Magistrate passes an order under this Act that any material object seized and detained under sub-section (2) of section 16A is not liable to be confiscated under this Act, he shall, after the expiry of thirty days from the date of such order,. release such material object to the person from whom it was seized or to the owner thereof, subject to such conditions as he deems fit. Burden of proof—Where any material object under section 1 6A is detected until the contrary is proved, the person found in possession of such material object shall be presumed to have acted in violation of the said section and the burden to prove the contrary shall be on the person who is found in possession of the material object or on the owner thereof. 17E Confiscated material object to be vested in Government—An order passed under this Act for confiscation of any material object and conveyance used for carrying it, if any, shall become final after the final decision of the Government confirming the detention order relating to such material object, after the expiry of the period of filing appeal under sub-section (2) of section • 1 7A and, if an appeal is filed, after the decision thereon and also after other legal proceedings, if any, and thereafter the material object and other conveyance so confiscated shall vest in the Government free from all encumbrances and the District Magistrate shall pass an order entrusting the possession of the same with any officer not below the rank of a Tahsildar, as he deems fit.]