Which of the following acts cannot be authorised to be carried out by

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?

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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

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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.

Authorising a search “in any manner as deemed fit” would violate the principles of due process and could lead to arbitrary and unreasonable searches. While the officer is given the authority to search the place, the *manner* of the search must conform to the law and established procedures designed to protect the rights of individuals, even during a search under a warrant.

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