Report No. 43
40. Search Warrants.-
(1) If a metropolitan magistrate, magistrate of the first class or sub-divisional magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under any of the sections 32 to 38 has been or is about to be committed, he may grant a search warrant authorising any police officer named therein not being below the rank of an officer in-charge of a police station,-
(a) to enter at any time any premises or place named in the warrant, if necessary, by force, and
(b) to search the premises or place and every person found therein, and
(c) to seize any sketch, model, article, note or document or anything of a like nature, or anything which is evidence of an offence under any of the said sections having been or being about to be committed which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under any of the said sections has been or is about to be committed.
(2) Where it appears to a police officer, not being below the rank of superintendent; that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may, by a written order under his hand, give to any police officer the like authority as may be given by the warrant of a magistrate under this section.
(3) Where action has been taken by a police officer under sub-section (2), he shall, as soon as may be, report such action, in a metropolitan area to the chief metropolitan magistrate, and outside such area to the district or sub-divisional magistrate.
(4) The provisions of the Code of Criminal Procedure, 1971, shall, so far as may be applicable, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of that Code.