Search of place suspected to contain stolen property, forged documents, etc
AI Assist
Summary
A magistrate who, after inquiry, believes a place is used to store or sell stolen goods or contains certain objectionable articles may issue a warrant authorising a police officer above constable rank to enter and search. The officer may seize suspected stolen or objectionable items, secure them or produce them before a magistrate, and detain persons found who seem privy to the deposit, sale or production. Examples include counterfeit coins, forged documents, obscene objects and tools used to make them.
Example
Ravi runs a small shop. Police inform the magistrate they suspect counterfeit notes and forged documents are being stored there, so the magistrate issues a warrant. Officers enter, seize the notes and documents, and bring Ravi's assistant 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 safely,
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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 Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 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 292 of the Indian Penal Code (45 of 1860);
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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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