Procedure as to letters and telegrams
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Summary
When a letter, parcel or other thing held by the postal or telegraph authority is needed for an investigation, inquiry, trial or other proceeding under this Code, a District Magistrate, Chief Judicial Magistrate, Court of Session or High Court can require the postal or telegraph authority to deliver it to the person the Magistrate or Court directs. An Executive or Judicial Magistrate, Commissioner of Police or District Superintendent of Police may order search and detention of such items, but only until a District Magistrate, Chief Judicial Magistrate or Court gives directions.
Example
Priya files an FIR saying a parcel at the post office contains stolen goods. The District Magistrate can order the postal authority to hand that parcel to the investigating officer Priya names. If a local Judicial Magistrate or the District Superintendent of Police finds another suspicious parcel, they may order its search and detention until the District Magistrate, CJM or Court directs otherwise.
Bare Act
Enacted text(1) If any document, parcel or thing in the custody of a postal or telegraph 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 Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, 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 or telegraph authority, as the case may be, 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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