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Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1981 (29 of 1981) Section 6A - Bare Act

StateKarnataka Government
Year
Section TitleIssue of Search Warrant Etc.
Act Info:

1[6A. Issue of search warrant etc.

(1) Where, in consequence of information in his possession, the2[Lokayukta or Upalokayukta],-

(A) has reason to believe that any person,-

(a) to whom a summons or notice under this Act has been or might be issued, will not or would not, produce or cause to be produced any property, document or thing which will be necessary or useful for, or relevant to any inquiry or other proceeding to be conducted2[by an inquiring authority appointed by him;]

(b) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rules in force which requires such disclosure to be made; or

(B) considers that the purposes of any inquiry or other proceeding to be conducted2[by an inquiring authority] will be served by a general search or inspection, he may by a search warrant authorise3[any police officer] not below the rank of an2[Inspector of Police to conduct a search or to carry out an inspection in accordance therewith and in particular to],-

(i) enter and search any building or place where he has reason to suspect that such property, documents, money, bullion, jewellry or other valuable article or thing is kept:

(ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i), where the keys thereof are not available:

3[(iia)search any person who is reasonably suspected of concealing about his person any article for which search should be made;]

(iii) seize any such property, documents, money, bullion, jewellery or other valuable article or thing found as a result of such search;

(iv) place marks of identification on any property or documents or make or cause to be made extractsor copies therefrom; or

(v) make a note or an inventory of any such property, documents, money, bullion, jewellery or other valuable article or thing.

(2) The provisions of the Code of Criminal Procedure, 1973 relatingto search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).

(3) A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.]

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1. Inserted by Act 43 of 1981 w.e.f. 5.5.1981.

2. Substituted by Act 28 of 1986 w.e.f. 6.6.1986.

3. Inserted by Act 28 of 1986 w.e.f. 6.6.1986.




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