Monday, 22 June 2015

When search warrants may be issued?

A search warrant is issued by magistrate under the provisions of section 96 of Code of Criminal Procedure 1898. The same section is reproduced below:-


96. When search warrant may be issued: 
(1) Where any Court has reason to believe that a person to whom a summons or order under Section 94 or a requisition under Section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceedings under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may Search or inspect in accordance therewith and the provision hereinafter contained,

The court further has powers to restrict the search under the provisions of section 97 of the Code of Criminal Procedure 1898.

97. Power to restrict warrant: The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.


Similarly in cases where the house is to be searched for the recovery of forged document or any stolen property, the search warrants are issued under the provisions of section 98 of the Code of Criminal Procedure 1898.

98. Search of house suspected to contain stolen property, forged documents, etc.:
(1) If a Magistrate of the First Class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins or instruments or materials for counterfeiting coin or stamps, [bank notes or currency notes] for forging, or that any forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins, or instruments or materials for counterfeiting coins or Stamps or [bank notes. currency notes] for forging, are kept or deposited in any place, or for the deposit, sale, manufacture or production of any obscene object such as is referred to in Section 292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place ;
he may by his warrant authorize any police-officer above the rank of a constable-

(a) to enter with such assistance as may he required, such place, and
(b) to search the same in manner specified in the warrant, and .
(c) to take possession of any property, document, seals, stamps or [bank notes, currency notes] or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit and also of any such instruments and material or of any such obscene objects as aforesaid, and (d) to convey such property, documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials or such obscene objects before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate or, otherwise to dispose thereof in some place of safety and (e) to take into custody and carry before a Magistrate every person, found in such place" who appears, to have been privy to the deposit, sale or manufacture or keeping of any such property, documents, seals, stamps, 3o[bank notes, currency notes], coins,
instruments or materials or such obscene objects knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained or the said documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps, [bank notes, currency notes] or for forging or the said obscene objects to have been or to be intended to be sold,
let to hire, distributed, publicly exhibited, circulated, imported or exported.
(2) The provisions of this section with respect to-
(a) counterfeit coin,
(b) coin suspected to be counterfeit, and
(c) instruments or materials for counterfeiting coin,
shall so far as they can be made applicable, apply respectively to
(a) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Pakistan in contravention of any notification for the time being in force under Section 16 of the Customs Act, 1969;
(b) pieces of metal suspected to have been so made or to have been so brought, into Pakistan or to be intended to be issued in contravention of the former of those Acts, and
(c) instruments or materials for making pieces of metal in contravention of that Act.

For any queries related with criminal law you can consult at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

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If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880