(1) When any such officer referred to in section 60 is about to search the person referred to in that section, he shall, if such person so requires, take such person without any unnecessary delay, to the nearest Gold Control Officer of gazetted rank (hereafter in this section referred to as the gazetted officer) or to the nearest magistrate.
(2) If such requisition! is made, the Gold Control Officer may detain the person making it until he can bring him before the gazetted officer or magistrate referred to J'n sub-section' (1).
(3) The gazetted officer or magistrate before whom any person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.
02, No female shall be searched by any one excepting a female.Female to be searched by a female.
t^ower t* search vehicle ete.
63. Any Gold Control Officer authorised in this behalf by the Administrator may, if he has any reason to suspect that any conveyance or animal is being, or is about to be, used for the transport of any gold in respect of which he suspects that any provision of this Ordinance has been, or is being, or is about to be, contravened, at any time stop such conveyance or animal, or, in the case of an aircraft, compel it to land, and
(a) rummage and search any conveyance or part thereof;
(b) examine and search any goods in the conveyance or on the animal;
(c) break open the lock of any door or package for exercising the powers conferred by clauses (a) a'nd (b), if keys are withheld;
(d) if it becomes necessary to stop any conveyance or animal, he may use all lawful means for stopping it, and where such means fail, the conveyance or animal may be fired upon.
Explanation.—Any reference to conveyance in this Chapter and in Chapters XIII, XIV and XV shall, unless the context otherwise requires, be construed as including a reference to any aircraft, vehicle or vessel.
SEC. 1] THE GAZETTE OF INDIA EXTRA^H&INAftY 389 fil (1) Any Gold Control Officer of a gazetted rank shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce any document or other thing in any inquiry which such officer is making in connection with any contravention of any provision of this Ordinance.
Power to summon persons to give evidence and.
produce documents.
(2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description, in the possession, custody or control of the person summoned.
(3) All persons so summoned shall be bound to attend In person;
and to state the truth upon any subject respecting which they ar« summoned* and produce such documents and other things as may Be required:
Provided that where any person has been summoned merely to produce a document or other thing, he shall be deemed to have complied with the summons if he causes such document or other thing to be produced instead of attending personally to produce the same:
Provided further that the exemption under section 132 of the Code of Civil Procedure, 1908, shall be applicable to any requisition for attendance under this section.
S of 1908.
(4) Every such inquiry as aforesaid shall be deemed to be a judicial proceeding withi'n the meaning of sections 193 and 228 of the Indian Penal Code.45 of I860.
65. Any Gold Control Officer may, during the course of any inquiry in connectiovi with the contravention of any provisions of this Ordinance,— Powar to caii for information, etc.
(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Ordinance or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful for, or relevant to, the inquiry;
(c) examine any person acquainted with the facts and circumstances of the case.
390 TltE GAfcEtfTfi OF HSftttA £J£TRAQRDltfARY [PART 11 Powar to impound or retala document*.
66. Any document or other thing which is produced before any Gold Control Officer, in pursuance of the provisions of section 64 or section 65, may be Impounded or retained in his custody by such officer for such period as he may consider necessary:
Provided that no document or other thing shall be
(a) impounded without recording reasons for so doing, or
(b) retained, in the custody of such officer for a period exceeding fifteen days (exclusive of holidays) without obtaining the approval of an officer (not below the rank of an Assistant Collector of Central Excise or of Customs), being an officer who is superior to him in rank.
Power to seize.