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Section 12
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Section 12. Power of entry and search

(1) Any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorise side by the Central Government or by the State Government may, if he has any reason to suspect that any provision of this Act has been, or is being, contravened, enter and search in the manner prescribed, at any reasonable time, any factory, building, business premises or any other place,--

(a) where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or

(b) where any advertisement of the cigarettes or any other tobacco products has been or is being made.

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every search and seizure made under this Act.

STATE AMENDMENT

Gujarat

Amendment of Section 12 of Act 34 of 2003.--In the principal Act, in section 12, in sub-section (1),

(i) in clause (b), the words or shall be added at the end;

(ii) after clause (b), the following clause shall be added, namely:--

(c) where any hookas bar is being run.

[Vide Gujarat Act 27 of 2017, s. 4.]

Maharashtra

Amendment of section 12 of Act 34 of 2003.--In section 12 of the principal Act, in sub-section (1),--

(i) in clause (b), after the word made the word ; or shall be added;

(ii) after clause (b), the following clause shall be added, namely:--

(c) where any hookah bar is being run.

[VideMaharashtra Act 60 of 2018, s. 4.]

Rajasthan

Amendment of section 12, Central Act No. 34 of 2003.-In the existing sub-section (1) of section 12 of the principal Act,-

(i) in clause (b), for the existing punctuation mark”. “appearing at the end, the expression”; or” shall be substituted;

(ii) after the clause (b), so amended, the following shall be added, namely:-

“(c) where any hookah bar is being run.”

[VideRajasthan Act 1 of 2020, s. 4.]

How courts have applied section 12