Section 14: Treatment of detained produce

(1) Where any produce which has been seized and detained is not already packed in receptacles, a produce officer, assistant produce officer or inspector may order that it shall be so packed, and the owner of the produce and the person in charge thereof at the time of seizure shall be responsible for the provision of suitable receptacles and the labour necessary to carry out the order.
(2) Save as is provided to the contrary in this section, any produce which has been seized and detained shall be sealed in receptacles to the satisfaction of a produce officer, assistant produce officer or inspector, and shall not be removed or cleaned except with the written permission of a produce officer or inspector, or until any charge which may be brought against any person for an offence in respect of the produce or any complaint laid for the purpose of forfeiture under the provisions of subsection (2) of section 19 of this Act has been determined:
Provided that-
(a) unless a charge against some person is made, or a complaint under the provisions of subsection (2) of section 19 of this Act is laid, within the space of three months after the seizure, the seized produce shall be released from detention;
(b) notwithstanding anything contained in section 263 of the Criminal Procedure Act, where a person charged with an offence against this Act in respect of any produce has been acquitted or discharged, the Court shall not order the release of the produce until fourteen days have elapsed from the date of the judgement of acquittal or discharge, or until a produce officer has notified the Court in writing of his intention not to institute further proceedings in respect of the produce, whichever date is the earlier;
(c) if a produce officer notifies the Court in writing within the said period of fourteen days of his intention to institute further proceedings in respect of the produce or to appeal against the judgement of acquittal or discharge, the Court shall not order the release of the produce pending the determination or withdrawal of such proceedings or appeal.
(3) Notwithstanding the provisions of subsection (2) of this section where a produce officer deems it advisable he may order that any produce which has been seized and detained shall be removed and kept under detention in other premises approved by him.
(4) Where the owner of the produce or the person in charge thereof considers that the condition of the produce which has been seized and detained is such that the storage thereof in that condition will result in further damage or deterioration, he may make application in writing to a produce officer for the purpose of obtaining permission to clean the produce.
(5) Where application has been made to a produce officer under the provisions of subsection (4) of this section, the produce officer may permit the owner or person in charge of the produce to clean it, and when the produce has been cleaned, it shall then be dealt with in accordance with the provisions of subsection (2) or (3) of this section.
(6) Where an application made under the provisions of subsection (4) has been granted, there shall be prepared in the presence of the applicant and the produce officer or an officer deputed to him in that behalf, a document showing the net weight of the produce, the number of receptacles in which it is packed, and the gross weight of any samples taken, and such document when signed by both the applicant and produce officer or his deputy shall be conclusive evidence of the particulars therein contained.
(7) Where any produce which has been seized and detained is, in the opinion of the produce officer or assistant produce officer, in such condition that its storage in that condition will result in further damage or deterioration, and whether an application under subsection (4) of this section has been made or not, a produce officer may order the person in charge of the produce or assistant produce officer or any person claiming to be the owner thereof to clean it, and may permit the temporary release of such produce for the purpose, and where such order has been given, the provisions of subsection (6) shall apply.