Amendment status not verified — confirm the current text below against the official source.
Pow er to is sue w arrants .— (1) A D istrict Magistrate or a Sub- divisional Magistrate or a Magistrate of the first class, or an officer of the Excise Departm ent not below the rank of a Superintendent specially empo wered by the State Government on this behalf, may issue a wa rra nt for the arrest of any persons whom he has reason to believe to have com mitted an offence punishable under this Act o r the rules thereunder, or for the search, wheth er by day or by night, of any building, vessels or place in which he has reason to believe any ganja , bhang, material, utensil, implement or apparatus , in respect of which an offence punishable under this Act has been committed, is kept or concealed. (2) Th e officer to whom a search wa rrant under sub-section (1) is ddressed shall have all the powers of an officer under section 11. Power o f entr y, se ar ch an d se iz ure s, et c. —(l)^1 Iftiyi Officer^ a n fl P o lic e rh e r a nk ofT nspa Officer of eGtOrfany any Officer of the Departme nt of Revenue not below the rank of the Sub-Deputy Collector, and any person authorised in this behalf by the State Govern ment who has reason to believe from personal knowledge or from inform a tion received from any person and taken down in writing and attested by the informant, th at any ganja, bhang, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereu nder has been com mitted is kept or concealed in any building, vessel, or enclosed place, may between sunrise and sunset,—■ (а) enter into any such building, vessel or place ; (б) in case of resistance, break open any door and remove any other obstacle to such entry ; (c) seize such ganja, bhang, material, utensil, implement or ap pa ratus, and any document or other article which may furnish evidence of the commission of the offence ; (d) detain, search and arrest any person whom he has reason to believe to have com mitted an offence against this Act relating to such ganja, bhang, material, utensil, implement or apparatus ; Provided that if such Officer has reason to believe that a search wa rra nt cannot be obtained without affording opportunity for the concealm ent of evidence or facility for the escape of an offender, he may, after recording the ground of his belief, enter and search such building, vessel or enclosed place at any time between sunset and sunrise. (U-t- zvn <2 5 (2) Where an officer takes down any information in writing under sub section (1), or records grounds for his belief under the proviso thereto, he shall forthw ith send a copy thereof to his immediate official superior. 12 Power o f se iz ure an d arrest in pub lic pla ces.—Any officer of any o f the Department referred to ia section 11 may within the prohibited are a notified under this Act. - (a) seize, in any public place or in transit, any ganja, bhang, material, utensil, implement or apparatus in respect of which he has reason to believe an offence punishable under this Act or the rules made thereunder has been committed, and, along with it, any document or other article which may furnish evidence of the commission of the offence, and (b) detain, search and arrest any person whom he has reason to believe to have committed an offence against this Act relating to such ganja, bhang, material, utensil, implement or appa ratus.