Procedure as to letters
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Summary
When a District Magistrate, Chief Judicial Magistrate, sessions court or High Court considers any document, parcel or item held by the postal authority necessary for investigation, inquiry, trial or other proceeding, they can order the postal authority to deliver it to the person they name. If a lower magistrate or police officer thinks the item is needed, they can require the postal authority to search for and detain it until a higher magistrate or court gives an order. The consequence is handing over the item to the directed person or its detention pending further direction.
Example
Ravi mails a parcel that contains documents needed in a theft inquiry. The District Magistrate orders the postal authority to hand the parcel to the investigating officer for the inquiry. If a local magistrate or the police first suspects the parcel, they can make the postal authority detain it until the District Magistrate or court orders otherwise.
Bare Act
Enacted text(1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).
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