Magistrate may direct search in his presence
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Summary
A magistrate can order a search of any place to be carried out in his presence when he is competent to issue a search-warrant for that place. This lets the magistrate personally supervise the search and make sure proper procedure is followed. It applies whenever a warrant could lawfully be issued for the place being searched.
Example
Priya tells the magistrate that goods stolen from her shop are at a neighbour's house. The magistrate, being competent to issue a search-warrant for that house, directs the police to search the house in his presence so he can supervise and ensure proper procedure.
Bare Act
Enacted textAny Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.
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