Search of place suspected to contain stolen property, forged documents, etc
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Summary
A Magistrate, on information and after any inquiry, may issue a warrant if they reasonably believe a place contains stolen property or certain objectionable articles. Police above the rank of constable may enter, search, seize suspected items, guard or remove them to a Magistrate, and detain people found who appear involved. Seized goods must be produced before the Magistrate or kept safe.
Example
Priya complains that a shop is producing forged documents. After a short inquiry the Magistrate issues a warrant. Police enter under the warrant, seize the forged documents and take the shopkeeper before the Magistrate.
Bare Act
Enacted text(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable-
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(a) to enter, with such assistance as may be required, such place;
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(b) to search the same in the manner specified in the warrant;
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(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;
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(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;
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(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are-
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(a) counterfeit coin;
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(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;
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(c) counterfeit currency note; counterfeit stamps;
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(d) forged documents;
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(e) false seals;
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(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;
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(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
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