Professional Documents
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Search, Seizure and Arrest
Search, Seizure and Arrest
ARREST
PRESENTATION BY
NCB, EZU,
KOLKATA
10/23/2019 1
LEGAL PROVISIONS
10/23/2019 2
Legal Provisions
• Section – 41.
Power to issue warrant and authorization.
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Section 42:
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Section – 43
Section – 44
Section – 45.
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Section 57
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Section 58
Punishment for vexatious entry, search, seizure
or arrest.
1. Without reasonable ground of suspicion.
2. Vexatiously and unnecessarily seizes the property of a
person on the pretence of seizing and searching for narcotic
drug.
3. Vexatiously and unnecessarily arrest a person is punishable
with imprisonment upto 6 months or fine upto Rs. 1000 or
both.
4. Willful and maliciously giving false information and so
causing search, arrest is punishable with imprisonment upto
2 yrs or with fine or both.
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Procedure for
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Information must be reduced to
writing
• When an officer receives any information or
gathers intelligence through personal
knowledge regarding narcotic drugs or
psychotropic substances or controlled
substances or regarding any evidence relating
to illegally acquired properties out of drug
trafficking, he must reduce it down to writing.
This is important to prove that he has
reasonable belief to act under law.
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Immediate superior authority
should be intimated
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Time of carrying out search
• The search, seizure and arrest should normally
be done after sunrise and before sunset.
However if it is conducted after sunset and
before sunrise, the grounds as to why it was
felt necessary to take such action and why it
was not possible to obtain a warrant should
be recorded and copy of the grounds so
recorded must be sent within 72 Hours to the
immediate official superior.
Contd……….
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In the Case file it must be specifically
mentioned on which date and under what
dispatch number a copy of the grounds so
recorded was sent to the official superior.
However, search, seizure and arrest may be
carried out any time if there is court warrant
or if there is authorization from an
empowered gazetted officer or if the gazetted
officer himself is carrying out the same.
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Intelligence/ information needs to
be verified -
• Intelligence gathered or intelligence recorded
should invariably be verified. This is required for
effective planning and deployment, security of
officers and property, and estimating timing of
operation. Since resources in the form of
manpower, money, equipment, etc., are to be
allocated effectively and in the best possible
manner, a preliminary verification of the
information through different sources and by
surveillance should be done before carrying out
operation.
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Who should conduct operation?
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Who should conduct operation?
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Items to be carried during search
• The search team should visualize as to what
should be required by them, depending on the
time and area. Official stamp, brass seal for
sealing seized articles, blank paper for
recording statement, documents for making
seizure list/panchnama, test memo, a copy of
NDPS law, drug and precursor identification
test kit, plastic bags, envelops, sealing
materials, etc. are a must.
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Items to be carried during search
• Apart from this, necessary equipments like
search lamps,, wireless sets, camera,
binocular, night vision, arms & ammunition,
hand cuff etc. should be taken by the search
party. Depending on distance to be traveled
and area to be visited, the officer should
choose the type of vehicle and ensure it to be
in good condition.
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Search should be conducted in
presence of Independent witnesses.
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The officers should disclose their
identity and purpose of search -
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Personal search- Mandatory
procedures
• The members of the search party should
offer themselves to be searched before
beginning the search operation.
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Personal Search- Mandatory
Provisions
• The officer will take the person to the nearest
Gazetted Officer or Magistrate, whosoever is
conveniently available.
• The accused can not make a choice of a
particular Magistrate or Gazetted Officer.
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Personal Search – Mandatory
Provisions
• The fact that the information received and
the the grounds of belief have been recorded
in case of action between Sunset and Sunrise,
should be mentioned in the case file itself.
• Similarly, all the facts relating to compliance
of Section 50 must be mentioned in the Case
file (and Panchnama).
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Preparation of Search List /
Panchnama
• After conclusion of the search, a search list is
to be prepared. Drugs or things or documents
if recovered and also the place of their
recovery are invariably to be mentioned in the
search list.
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Preparation of Search list/
Panchanama
• In case of no recovery, NIL recovery is to be
mentioned in the search list.
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Preparation of Search List/
Panchnama
• A copy of the search list is to be handed over
to the person, owner/occupier/ representative
of the owner of the premises under proper
acknowledgement.
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Drawl of samples
• Drawl of each samples in duplicate
• Heroin/ Cocaine – 5 grams,
• Poppy Straw – 100 grams,
• Ganja / opium / Charas – 25 grams.
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• Signature of the owner / witnesses / seizing
officer to be obtained on the sealed packets
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