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Section 87D: Power to entry, search, etc

The Goa Public Health Act, 1985State Act of Goa · Act 25 of 1985

(1) Every District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate, Executive Magistrate, Mamlatdar or any officer of the Directorate of Health Services not below the rank of Health/Medical Officer or any officer of the Directorate of Food and Drugs Administration not below the rank of Food Inspector, within the local limits of the area for which he/she is so authorized, or any Police Officer not below the rank of Police Sub-Inspector or any other Officer ----37---- empowered by the Government by general or special order, within the local limits of the area for which he is so authorized, may,—

(a) enter and search at all reasonable times, with such assistants, if any, as he may consider necessary, any place, building or conveyance, in which he has reason to believe that an offence of dealing in injurious food articles prohibited under this Chapter, has been or is being committed;

(b) seize the prohibited injurious food articles along with the conveyance or any other mode employed for carrying out the offence;

(c) examine any record, register, document or any other material or object found in any place mentioned in clause (a), and seize the same if he has reason to believe that it may furnish evidence of the commission of offence punishable under this Act.

(2) The power of entry specified in sub-section (1) includes the power to break open the door, whenever required, provided that before exercising this power a reasonable notice shall be given to the occupier of the premises.

(3) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, so far as may be, apply to any search or seizure under this Act, as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.

(4) Where any person seizes anything, under clause (b) or clause (c) of sub-section (1), he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.

(5) (a) it shall be the duty of every officer of the Police Department, whatsoever rank he may hold, to help, assist and co-operate, with every or any officer discharging duties under preceding sub-section of this section.

(b) It shall be duty of every Government servant, of every rank and post, to render all assistance including acting as witnesses or panchas, when called upon to do so, during any search, seizure or other operations undertaken pursuant to this Act, by any officer mentioned in sub-section (1) of this section.

Where this provision sits

ActThe Goa Public Health Act, 1985
Section87D
Marginal notePower to entry, search, etc
JurisdictionState of Goa
StatusIn force as published by the source

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