Section 13. Power to seize

13. Power to seize. —(1) If 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, authorised by the Central Government or by the State Government, has — any reason to believe that, (a) in respect of any package of cigarettes or any other tobacco products, or (b) in respect of any advertisement of cigarettes or any other tobacco products, the provisions of this Act have been, or are being, contravened, he may seize such package or advertisement material in the manner prescribed. (2) No package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub-section (1) shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention. STATE AMENDMENT Gujarat Insertion of new section 13A in Act 34 of 2003. —In the principal Act, after section 13, the — following section shall be inserted, namely: Power to seize. — "13A If any police officer, not below the rank of a Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of section 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.". [ Vide Gujarat Act 27 of 2017, s. 5.] Maharashtra Insertion of new section 13A in Act 34 of 2003. —After section 13 of the principal Act, the — following section shall be inserted, namely: Power to seize. — "13A. —If any police officer, not below the rank of Assistant Police Inspector, authorized by the State Government, has reason to believe that the provisions 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.". [ Vide Maharashtra Act 60 of 2018, s. 5.] Rajasthan — Insertion of new section 13A, Central Act No. 34 of 2003. After the existing section 13 and — before the existing section 14 of the principal Act, the following shall be inserted, namely: "13A. Power to seize. —If any police officer, not below the rank of Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of section 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.". [ Vide Rajasthan Act 1 of 2020, s. 5.] — 14. Confiscation of package. Any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in respect of which any provision of this Act has been or is being contravened, shall be liable to be confiscated: Provided that, where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or control any such package of cigarettes orany other tobacco products is found is not responsible for the contravention of the provisions of this Act, the Court may, instead of making an order for the confiscation of such package, make such other order authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think fit.