Lawgist18Giving opportunity to the owner of seized packages
(1) No order adjudging confiscation or directing payment of costs shall be made unless the owner or person in possession of the package of cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation mentioned therein, and, if he so desires, of being heard personally or through a representative in the matter:
Provided that, where no such notice is given within a period of ninety days from the date of the seizure of the package of cigarettes or of any other tobacco products, such package shall be returned, after the expiry of that period, to the owner or the person from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, as far as may be, apply to every proceeding referred to in sub-section (1).
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- 1 Short title, extent and commencement
- 2 Declaration as to expediency of control by the Union
- 3 Definitions
- 4 Prohibition of smoking in a public place
- 5 Prohibition of advertisement of cigarettes and other tobacco products
- 6 Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area
- 7 Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products
- 8 Manner in which specified warning shall be made
- 9 Language in which the specified warning shall be expressed
- 10 Size of letters and figures
- 11 Testing laboratory for nicotine and tar contents
- 12 Power of entry and search
- 13 Power to seize
- 14 Confiscation of package
- 15 Power to give option to pay costs in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving opportunity to the owner of seized packages
- 19 Appeal
- 20 Punishment for failure to give specified warning and nicotine and tar contents
- 21 Punishment for smoking in certain places
- 22 Punishment for advertisement of cigarettes and tobacco products
- 23 Forfeiture of advertisement and advertisement material
- 24 Punishment for sale of cigarettes or any other tobacco products in certain places or to persons below the age of eighteen years
- 25 Prevention, detention and place of trial of offences under sections 4 and 6
- 26 Offences by companies
- 27 Offences to be bailable
- 28 Composition of offences
- 29 Protection of action taken in good faith
- 30 Power to add any tobacco products in the Schedule
- 31 Power of Central Government to make rules
- 32 Act not to apply to cigarettes of other tobacco products which are exported
- 33 Repeal and savings
