Sat. Nov 23rd, 2024

Procedure

Section 41 – Power to issue warrant and authorisation-

(a) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence  punishable under this Act has been committed or any document or other Article which may furnish evidence of the commission of such offence or any illegal acquired property or any document or other article which may furnish evidence of holding any illegal acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed:

(b) Any such officer of gazetted rank of the department of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the para-military forces as is empowered in this behalf by general or special order by the Central Government or any such officer of the revenue, drugs control, excise, police or any other department of a State Government as is empowered 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 in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled controlled substance in respect of which any offence under this Act has been committed or any document or other Article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for the seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or  a  constable to arrest such a person or search a building, conveyance or place whether by day, or by night or himself arrest such  a person or search a building, conveyance or place.

(c) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under section 42.

Related Posts :

Section 43 – Power of seizure and arrest in public place

Section 44 – Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant

Section 45 – Procedure where seizure of goods liable to confiscation not practicable

Section 46 – Duty of land holder to give information of illegal cultivation

Section 47 – Duty of certain officers to give information of illegal cultivation

Section 49 – Power to stop and search conveyance

By admin