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TMI BlogPower to enter premises and inspect, search and seize goods, documents, things and conveyancesX X X X Extracts X X X X X X X X Extracts X X X X ..... m which the services or technology or goods connected with such services or technology which are liable to confiscation under the provisions of the Act, are suspected to have been provided, supplied, received, consumed or utilised for the purpose of import or export or where any books of accounts or documents or things [including 'computer resource' as defined under the IT Act, containing information in the form of 'electronic record] which, in his opinion, shall be useful for, or relevant to any proceedings under the Act are suspected to have been kept or concealed: Provided that provisions of clause (b) shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies; (c) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clauses (i) and (ii) where the keys thereof are not available; (d) search any person who has got out of, or is about to get into, or is in the premises, if the authorised officer has reason to suspect that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake physical possession of any such goods or materials and remove it to a safe place due to its volume, weight or other physical characteristics or due to its being of a dangerous nature, the authorised officer may serve an order on the owner or the person who is in immediate possession or control of such imported goods or materials or goods or materials for export or goods or materials connected with import or export of services or technology that he shall not remove, part with or otherwise deal with such goods or materials, except with the previous permission of the authorised officer and action of the authorised officer shall be deemed to be seizure of such valuable article or thing under this clause; (b) where any goods or materials or goods or materials [including 'computer resource' as defined under the IT Act containing information in the form of 'electronic record'] connected with services or technology are seized under clause (a) and no notice in respect thereof is given within six months of the seizure of the goods or materials or goods or materials connected with services or technology, the goods or materials shall be returned to the person from whose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s defined under the IT Act containing information in the form of 'electronic record'] belong to or belongs to such person(s); (ii) that the contents of such books of account and other documents [including 'electronic record' as defined under the IT Act ] are true; (iii) that the signature and every other part of such document which purports to be in the handwriting of any particular person of which the Adjudicating Authority may reasonably assume to have been signed by or to be in the handwriting of any particular person, is under the person's handwriting, and in the case of a document executed or attested, it was executed or attested by the person by whom it purports to have been so executed or attested; and (iv) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. (4) The authorised person, may, if he has reason to suspect that any conveyance or animal is being or is about to be used for the transportation of any imported goods or material or goods or materials for export or goods or material connected with services or technology which are liable to confiscation under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or (ii) any books of accounts or documents or things which, in his opinion, will be useful for, or relevant to, any proceedings under the Act, are secreted in any premises he may enter into and search such premises for such goods, materials, books of accounts, documents or things. (3) (a) If the authorised person has reason to believe that any imported goods or materials are liable to confiscation under the Act, he may seize such goods or materials together with the package, covering or receptacle, if any, in which such goods or materials are found to have been mixed with any other goods or materials; Provided that where it is not practicable to seize any such goods or materials, the authorised person may serve on the owner of the goods or materials an order that he shall not remove, part with or otherwise deal with the goods or materials except with the previous permission of the authorised person. (b) Where any goods or materials are seized under clause (a) and no notice in respect thereof is given within six months of the seizure of the goods or materials, the goods or materials shall be returned to the person from whose possession they were seized. Provided that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat any conveyance or animal is being or is about to be used for the transportation of any imported goods or material which are liable to confiscation under tha Act, and that by such transportation any provision of the Act has been , is being or is about to be contravened at any time, stop such conveyance or animal or in the case of aircraft compel it to land, and (a) rummage and search the conveyance any part thereof; (b) examine and search any goods or material in the conveyance or on the animal; (c) 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. and where he is satisfied that it is necessary so to do to prevent the contravention of any provision of the Act or of the rules and orders made thereunder or the Policy or condition of any licence, he may seize such conveyance or animal. Explanation- Any reference in this rule to a conveyance shall, unless the context otherwise requires, be construed as including a reference to an aircraft, vehicle or vessel. - - statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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