Power of entry and search.

§18

Summary

It shall be lawful for a police officer- (i) in Greater Bombay, not below the rank of Sergeant or Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the Commissioner of Police, Bombay, and (ii) elsewhere, not below the rank of a Sub-Inspector of Police authorised by a special warrant issued in each case by a Magistrate of the First Class or a District Superintendent of Police or by an Assistant or Deputy Superintendent of Police specially empowered by the State Government in this behalf- (a) to enter, with the assistance of such persons as may be found necessary by night or day, and by force, if necessary, any house, room, or place which he has reason to suspect is used for purposes connected with the promotion for conduct of any lottery ; (b) to search all parts of the house, room or place which he shall have so entered, the persons whom he shall find therein and also such persons as may be specified by name in the warrant ; (c) to take into custody and bring before a Magistrate all such persons ; (d) to seize all things which are reasonably suspected to have been used or intended to be used in connection with a lottery and which are found therein : Provided that no officer shall be authorised by special warrant unless the Commissioner of Police, the Magistrate, the District or Assistant or Deputy Superintendent of Police concerned is satisfied, upon any complaint made before him on oath and upon making such inquiry as he may think necessary, that there are reasonable grounds, to suspect the said house, room or place to be used for purposes connected with the promotion or conduct of an unlawful lottery.

It shall be lawful for a police officer- (i) in Greater Bombay, not below the rank of Sergeant or Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the Commissioner of Police, Bombay, and (ii) elsewhere, not below the rank of a Sub-Inspector of Police authorised by a special warrant issued in each case by a Magistrate of the First Class or a District Superintendent of Police or by an Assistant or Deputy Superintendent of Police specially empowered by the State Government in this behalf- (a) to enter, with the assistance of such persons as may be found necessary by night or day, and by force, if necessary, any house, room, or place which he has reason to suspect is used for purposes connected with the promotion for conduct of any lottery ; (b) to search all parts of the house, room or place which he shall have so entered, the persons whom he shall find therein and also such persons as may be specified by name in the warrant ; (c) to take into custody and bring before a Magistrate all such persons ; (d) to seize all things which are reasonably suspected to have been used or intended to be used in connection with a lottery and which are found therein : Provided that no officer shall be authorised by special warrant unless the Commissioner of Police, the Magistrate, the District or Assistant or Deputy Superintendent of Police concerned is satisfied, upon any complaint made before him on oath and upon making such inquiry as he may think necessary, that there are reasonable grounds, to suspect the said house, room or place to be used for purposes connected with the promotion or conduct of an unlawful lottery.

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