(2) Any duly authorised officer shall, on demand by the owner, or the
person having custody of such land, building, premises, plant or vehicle,
produce his authority to enter upon such land, building, premises, plant
or vehicle.
(3) Any such inspector or duly authorised officer who, under the
provisions of subsection (1), seizes and detains any vehicle, equipment,
prescribed or restricted seed, or any package, label, stamp or device for
marking, stamping or labelling, or any book, record or document, shall
give to the person from whom they were seized a receipt, signed by such
inspector or officer, for such vehicle, machinery, equipment, prescribed
or restricted seed, package, label, stamp or device for marking, stamping
or labelling, or for such book, record or document so seized.
(4) In the event of(a)
the Certifying Authority being advised in writing by the Director
of Public Prosecutions that no prosecution consequent upon any such
inspection made under subsection (1) should be instituted under this
Act; or
(b)
any such prosecution having been finally concluded; then, in
either such event, any vehicle, machinery, equipment, prescribed or
restricted seed, book, record or document, package, label, stamp or
device for marking, stamping or labelling, seized during the course of
such inspection and detained under the provisions of subsection (1),
shall be returned to the owner thereof, or to the person from whose
custody they were taken, and shall be so returned within ten days from
the date of the receipt by the Certifying Authority of such advice that no
prosecution should be instituted, or from the date any such prosecution
has been finally concluded, as the case may be:
Provided that any such vehicle, machinery, equipment, prescribed or
restricted seed, package, label, stamp or device for marking, stamping or
labelling, shall not be returnable under this subsection if they have been
declared by the court to be forfeited, or ordered to be destroyed, under
any provision of this Act.
(As amended by Act No. 21 of 1995)