Section 18. Giving 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).
Judgements applying section 18
The High Court of Karnataka allowed a criminal revision petition, setting aside convictions for offences under Section 273 IPC and the COTPA. The court held the investigation was invalid because the police failed to obtain a proper judicial order permitting investigation of a non-cognizable offence under Section 155…
AllowedOpenThe High Court quashed the orders rejecting muddamal applications against tobacco seized by police for violating the Cigarettes and Other Tobacco Products Act, 2003.
AllowedOpenJUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPLICATION NO. 54/2018 IN S.B. CIVIL WRIT PETITION NO. 22175/2017 1. Pataka Industries Pvt. Ltd., a Company within the meaning of the Companies Act, 2013 and having its Registered O
DisposedOpen