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The Cantonments Pure Food Act, 1966

( ACT NO. XVI OF 1966 )

Powers of Inspectors
16. (1) An Inspector may detain and search any vehicle or package of any food intended for sale or in the course of delivery, if he has reason to suspect that the food therein carried or contained is injurious to health, unwholesome or unfit for human consumption or is not of the nature, substance or quality which it purports to be:
 
 
 
 
Provided that nothing in this section shall authorise the detention of any vehicle belonging to the Railways.
 
 
 
 
(2) An Inspector may-
 
 
 
 
(i) enter into and inspect any market, godown, shop, stall or other place used for the storage or sale of any food intended for human consumption or for the preparation or manufacture of any such food for the purposes of trade or sale;
 
 
 
 
(ii) enter upon any premises for the purpose of exercising the powers of purchasing or taking a sample under section 18 and may in such premises inspect and examine any article of food and any apparatus or utensil used for preparing, manufacturing or containing such food; and
 
 
 
 
(iii) enter into and inspect any market, godown, shop, stall or other place used for the manufacture, storage or sale of any apparatus, utensil or vessel ordinarily used or intended to be used or likely to be used for preparing, manufacturing or containing any food.
 
 
 
 
(3) If any such food as is mentioned in sub-section (1) or clause (i) of sub-section (2) appears to the Inspector to be injurious to health, unwholesome, unfit for human consumption, or not of the nature, substance or quality which it purports to be, or as not fulfilling the prescribed conditions subject to which such food is to be prepared, manufactured, kept, stored or sold or if any such apparatus or utensil as is mentioned in clause (ii) of sub-section (2) is of such kind or in such state as to render any food prepared, manufactured or contained therein unwholesome or unfit for human consumption or injurious to health, he may seize and remove such food, apparatus or utensil to be dealt with as hereinafter provided.
 
 
(4) An Inspector may, instead of removing any food, apparatus or utensil seized under sub-section (3), leave the same in the custody of the person from whose possession, custody or control the same was seized or in such safe custody as he may deem fit, so as to be dealt with as hereinafter provided and may, at any time hereafter, remove the same to the custody of the local authority concerned.
 
 
 
 
(5) When any food, apparatus or utensil is seized under sub-section (3), it may be destroyed by the Inspector with the consent in writing of the owners or the person from whose possession, custody or control it is seized.
 
 
 
 
(6) If any food seized under sub-section (3) is of a perishable nature and is, in the opinion of the Inspector, unsound, unwholesome or unfit for human consumption, it may be destroyed without such consent but in the presence of two respectable witnesses.
 
 
 
 
(7) An Inspector shall prepare a statement of the food, apparatus or utensil seized and shall deliver a copy thereof to the local authority and to the person from whose custody the food, apparatus or utensil is seized or, if such person be not present, send such copy to him by post.
 
 
 
 
(8) Any person claiming anything seized under sub-section (3) may, within seven days of the seizure, complain to any Magistrate of the first class having jurisdiction at the place of seizure, and the Magistrate may, after making such enquiry as he may deem necessary, confirm or disallow such seizure, wholly or in part, and order such article, or the part or parts thereof of which seizure has been disallowed, to be restored to the claimant.
 
 
 
 
(9) If the Magistrate confirms the seizure, he may direct that the food, apparatus or utensil seized shall be-
 
 
 
 
(i) forfeited to the local authority; or
 
 
 
 
(ii) destroyed or disposed of at the cost of the owner or person from whose possession, custody or control it was seized, in such manner as to prevent the same from being sold, or kept, or stored, or used as food or for the preparation or manufacture of, or for containing, any food.
 
 
(10) If no complaint is made within the period specified in sub-section (8), the article of food or the apparatus or utensil seized shall be forfeited to the local authority.

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Ministry of Law, Justice and Parliamentary Affairs