law: Prevention of Food Adulteration Act, 1954
  10. Powers of Food
  
  Inspectors. -
  (1) A Food Inspector
  
  shall have power-
  (a) To
  
  take samples of any article of food from-
  (i) Any person selling such article
  (ii) Any
  
  person who is in the course of conveying, delivering or preparing to deliver
  
  such article to a purchaser or consignee:
  (iii) A consignee after delivery of any such article to him and
  (b) To
  
  send such sample for analysis to the Public Analyst for the local area within
  
  which such sample has been taken;
  2[(c)
  
  With the previous approval of the Local (Health) Authority having jurisdiction
  
  in the local area, concerned, or with the previous approval of the Food
  
  (Health) Authority, to prohibit the sale of- any article of food in the
  
  interest of public health.]
  3[Explanation-For
  
  the purposes of sub-clause (iii) of' Cl. (a), consignee" does not include a
  
  person who purchases or receives any article of food for his own consumption.]
  1[(2) Any Food
  
  Inspector may enter and inspect any place where any article of food is
  
  manufactured, or stored for sale, or stored for the manufacture of any other
  
  article of food for sale, or exposed or exhibited for sale or where any
  
  adulterant is manufactured or kept, and take samples of such article of food or
  
  adulterant for analysis:
  Provided that no sample of any
  
  article of food, being primary food, shall be taken under this sub-section if
  
  'it is intended for sale as such food].
  (3) Where any sample
  
  is taken under Cl. (a) of sub-section (1) or sub-section (2), its cost
  
  calculated at the rate at which the article is usually sold to the public shall
  
  be paid to the person from whom it is taken.
  (4) If any article
  
  intended for food appears to any Food Inspector to be adulterated or
  
  misbranded, he may seize and carry away or keep in the safe custody of the
  
  vendor such article in order that it may be dealt with as hereinafter provided;
  
  2[and he shall, in either case, take a sample of' such article and submit the
  
  same for analysis to a public analyst):
  4[Provided that
  
  where the Food Inspector keeps such article in the safe custody of the vendor
  
  he may require the vendor to execute a bond for a sum of money equal to the
  
  value of such article with one or more securities as the Food Inspector deems
  
  fit and the vendor shall execute the bond accordingly.]
  2[(4-A) 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 the 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 sale
  5[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 ease may be, in
  
  Occupation of premises, if he is present therein, refuse,, 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, arid inspection of any
  
  place under this section, follow, as far as may be the provisions of the 6[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) 7[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 and any books of account or other documents found in his possession
  
  or control and which would be useful for, or relevant to any investigation of
  
  proceeding under this Act, may be seized by the Food Inspector and a sample of
  
  such adulterant submitted for analysis to a public analyst :
  8[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 subordinated (7) Where the Food Inspector takes any action under Cl.
  
  (a) of subsection (1), sub-section (2), sub-section (4) or sub-section (6), he
  
  shall 9[call one or more persons to be present at the time when such action is
  
  taken and take his or their signatures].
  10[(7-A) Where any
  
  books of account or other documents are seized under subsection (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 there from 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 there from as certified by the Court have
  
  been taken.
  (7-B)   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
  
  i-nay exercise the powers of a police officer 11[under Sec. 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.
  (9) Any Food Inspector
  
  exercising powers under this Act or under the rules made thereunder who-
  (a)
  
  Vexatiously and without any reasonable grounds of suspicion seizes any article
  
  of food 11[or adulterant]: or
  (b)
  
  Commits any other act, to the injury of any person without having reason to
  
  believe that such act is necessary for the execution of his duty; Shall be
  
  guilty of an offence under this Act and shall be punishable for such offence
  
  11[with fine which shall not be less than five hundred rupees but which may
  
  extend to one thousand rupees].
  1. Vinod Kumar v.
  
  State of Punjab, 1983 Cr. L.J.177 at p. 178 (P. & H.) I see also Hariram v.
  
  State of M.P., 1992 Cr.L.J.2135 at p. 3138 (M.P.) 1993 (1) E.F.R 160 at p. 168
  
  (M.P); State of U.P. v Hanif. 1992 Cr.L.J. 1429 at {. 1431 (S.C.).
  2. Subs. by Act 34 of
  
  1976, Sec. 8 (w.e.f. I st April, 1976)
  3. Ins. by ibid.
  4. Ins. by Act 49 of
  
  1964, Sec. 6 (w.e.f. Ist March. 1965).
  5. Subs. by Act 34 of
  
  1976. Sec. 8, for the first proviso (w.e.f. Ist April
  
  1976). 
  6. Subs by ibid. for
  
  "the code of Criminal Procedure. 1898" (w.e.f. Ist April 1976).
  7. Subs. by 34 of
  
  1976.  Sec. 8, for certain words (w.e.f. Ist April, 1976).
  8. Subs. by ibid, for
  
  the former proviso (w.e.f. 1st April, 1976).
  9. Subs. by Act of
  
  1964, Sec. 6. For certain words (w.e.f. 1st March, 1965
  10. Ins. by Act 34 of
  
  1976, Sec. 8 (w.e.f. 1st April, 1976).
  11. Sadhram v. State
  
  of M.P.1995 (1) E.F.R. 638 at p. 639 (M.P.).