23Power of entry, search, seizure and arrest without warrant or authorisation
(1) Any such subordinate officer to the enforcement officer as is authorised in this behalf by general or special order by the Central Government or any such subordinate officer to the enforcement officer as is authorised in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any goods in relation to which an offence punishable under Chapter VI has been committed or any document or goods which may furnish evidence of the commission of such offence is kept or concealed in any industry, building, conveyance or place, may, between sunrise and sunset,--
(a) enter into and search any such industry, building, conveyance or place;
(b) in case of resistance, break open any door and remove any obstacle to such entry;
(c) seize such Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, Old Chemical Weapons, Abandoned Chemical Weapons, Toxic Chemicals or Precursors or Discrete Organic Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine, all goods and any conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other goods which he has reason to believe may furnish evidence of the commission of any offence punishable under Chapter VI relating to such Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, Old Chemical Weapons, Abandoned Chemical Weapons, Toxic Chemicals, Precursors or Discrete Organic Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine; and
(d) detain and search, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under Chapter VI relating to such Chemical Weapons, Chemical Weapons Production Facilities, riot control agents, Old Chemical Weapons, Abandoned Chemical Weapons, Toxic Chemicals or Precursors or Discrete Organic Chemicals including those Discrete Organic Chemicals containing elements of phosphorous, sulphur or fluorine:
Provided that if such subordinate officer has reason to believe that search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such industry, building, conveyance or place at any time between sunset and sunrise after recording the grounds of his belief.
(2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate superior officer.
Download our fully-offline, High speed android app.- Click here
- 19 Power of Inspector to inspect any person or place
- 20 Enforcement officer to enter into any place for examining and testing facility or to conduct search
- 21 Certain acts to constitute an offence
- 22 Power to issue warrant and authorisation
- 23 Power of entry, search, seizure and arrest without warrant or authorisation
- 24 Power of seizure and arrest in public places
- 25 Procedure where seizure of goods liable to confiscation not possible
- 26 Power to stop and search conveyance
- 27 Conditions under which search of persons be conducted
- 28 Provisions of Act 2 of 1974 to apply to arrests, searches and seizures
- 29 Disposal of persons arrested and goods seized
- 30 Power to invest officers of the National Authority, etc., with powers of an officer in charge of a police station
- 31 Police to take charge of goods seized and delivered
- 32 Report of arrest and seizure
- 33 Liability of Toxic Chemical, Precursor and conveyance to confiscation
- 34 Confiscation of Goods used for concealing Toxic Chemicals or Precursors
- 35 Confiscation of sale proceeds of goods
- 36 Procedure in making confiscation
- 37 Power to call for information, etc
- 38 Information as to commission of offences