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Powers of inspectors.
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40.—(1) An inspector shall have power—
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(a) to enter, inspect and examine at all times, by day and night, any premises which he has reasonable cause to believe to be used for the manufacture, storage, packing or sale of any substance to which this Act applies;
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(b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
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(c) where he has reasonable cause to believe that at any premises an offence under this Act has been or is being committed, to use force where necessary in order to enter the premises, provided he is so authorised by a warrant of a Justice of the District Court (which such Justice is hereby authorised to issue upon reasonable ground being assigned on oath) or, if it appears to him to be a case of emergency and that the delay in obtaining a warrant would be likely to endanger life, without being so authorised;
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(d) to require the production of any document kept in pursuance of this Act and to inspect, examine and copy any such document;
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(e) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or regulations thereunder are being complied with;
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(f) to require any person whom he finds on any such premises to give such information as it is in his power to give as to who is the occupier of the premises;
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(g) for the purpose of any examination or inquiry under this section to require any person whom he finds on any such premises, or whom he has reasonable cause to believe to be, or to have been within the preceding two months, employed at the premises, to answer, in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, so however, that no answer given by a person in pursuance of a requirement imposed under this paragraph shall be admissible in evidence against him in any proceedings;
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(h) to exercise such other powers as may be necessary for carrying this Act into effect.
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(2) The occupier of the premises, his agents and servants, shall furnish the means required by an inspector as necessary for any entry, inspection, examination, inquiry, taking of samples or other power under this Act, in relation to the premises.
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(3) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any premises, or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.
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(4) Where an inspector is obstructed in the execution of his powers or duties under this Act—
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(a) if the obstruction is in any premises, the occupier, and, if the person obstructing the inspector is not the occupier, also the person obstructing the inspector, shall be guilty of an offence,
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(b) in any other case, the person obstructing the inspector shall be guilty of an offence.
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