Which of the following acts cannot be authorised to be carried out by any police officer above the rank of a Constable through a warrant by a District Magistrate, Sub-Divisional Magistrate or a Magistrate of the first class, who upon being informed, and after such inquiry as he thinks necessary, has reasons to believe that any place is used for deposit or sale of any objectionable article, or that any such objectionable article is deposited in any place?
To enter such place with such assistance as may be required
To search the place in any manner as deemed fit by the officer authorised by the warrant to carry out the search
To convey such property or article before a Magistrate
To take possession of any property or article therein found which he reasonably suspects to be stolen property
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The correct answer is B) To search the place in any manner as deemed fit by the officer authorised by the warrant to carry out the search.
Section 94(1) of CrPC authorises a specified Magistrate to issue a warrant to a police officer (above Constable) to enter and search a place suspected of containing objectionable articles. The warrant can authorise the officer to enter, search, take possession of relevant articles (stolen property, counterfeit items, forged documents, etc.), convey them to a Magistrate, and secure the place. However, the Section does not grant the officer the power to search in “any manner as deemed fit”. Searches under CrPC must be conducted according to established legal procedures, such as those outlined in Section 100 regarding conducting searches in enclosed places, which include requirements like obtaining witnesses.