Disposal of things found in search beyond jurisdiction
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Summary
When a search-warrant is executed outside the local jurisdiction of the court that issued it, any items found and a list of them must be taken immediately to the issuing court. If the place is nearer to another Magistrate with jurisdiction, the items and list must be taken to that Magistrate instead. That Magistrate will, unless there is good cause, order the items sent to the issuing court.
Example
Police executing a search-warrant at Priya's shop, which lies outside the issuing court's local area, find stolen phones. They prepare a list and immediately take the phones and the list to the court that issued the warrant. If Priya's shop had been nearer to another Magistrate, they would instead take them to that Magistrate, who would usually order the phones sent on to the issuing court.
Bare Act
Enacted textWhen, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, arc found, such things, together with the list of the same prepared under me provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.
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