Lawgist50Conditions under which search of persons shall be conducted
(1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate.
(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).
(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.
(4) No female shall be searched by anyone excepting a female.
1[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section100 of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.]
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1 Ins. by s. 22, ibid. (w.e.f. 2-10-2001).
- 41 Power to issue warrant and authorisation
- 42 Power of entry, search, seizure and arrest without warrant or authorisation
- 43 Power of seizure and arrest in public place
- 44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
- 45 Procedure where seizure of goods liable to confiscation not practicable
- 46 Duty of land holder to give information of illegal cultivation
- 47 Duty of certain officers to give information of illegal cultivation
- 48 Power of attachment of crop illegally cultivated
- 49 Power to stop and search conveyance
- 50 Conditions under which search of persons shall be conducted
- 50A Power to undertake controlled delivery
- 51 Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
- 52 Disposal of persons arrested and articles seized
- 52A Disposal of seized narcotic drugs and psychotropic substances
- 53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station
- 53A Relevancy of statements under certain circumstances
- 54 Presumption from possession of illicit articles
- 55 Police to take charge of articles seized and delivered
- 56 Obligation of officers to assist each other
- 57 Report of arrest and seizure
- 57A Report of seizure of property of the person arrested by the notified officer
- 58 Punishment for vexatious entry, search, seizure or arrest
- 59 Failure of officer in duty or his connivance at the contravention of the provisions of this Act
- 60 Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
- 61 Confiscation of goods used for concealing illicit drugs or substances
- 62 Confiscation of sale proceeds of illicit drugs or substances
- 63 Procedure in making confiscations
- 64 Power to tender immunity from prosecution
- 64A Immunity from prosecution to addicts volunteering for treatment
- 65 [Omitted]
- 66 Presumption as to documents in certain cases
- 67 Power to call for information, etc
- 68 Information as to commission of offences
