...search, seizure and arrest without warrant or authorisation, these appeals were placed before the Constitution Bench to resolve the issue.3. The Statement of Objects and Reasons..., search, seizure and arrest without warrant or authorisation. Section 43 relates to power of seizure and arrest in public place. Section 50 refers to conditions under which search of persons shall be...substance:Provided that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording...

...the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant...refer to special circumstances in which a police officer not below the rank of an inspector specially authorised by the special police officer can arrest without warrant.16. Section 15 provides for search...warrant, but it is clear from the provisions of this section that officers of the regular police force will not search without...

...officer appointed under S. 13(1)of the Act.6. S.15 of the Immoral Traffic (Prevention) Act says how search can be conducted without warrant. The above section provides that whenever the special police officer...premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant. As per the above provision...search without warrant can be done only by a special police officer. There is no provision which says that the special police officer or the trafficking police officer can authorise any of the...

..., 1956, empowers the Special Police Officer or the Trafficking Police Officer to enter and search a premises without warrant, whenever he has reasonable ground to believe that an offence punishable under this Act has be...under Section 15(1) of the Act is not left uncontrolled or unbridled. Section 15 requires reproduction and hence, it is extracted as follows:-“15. Search without warrant. - (1...believing that an offence punishable under this Act has been or is being committed in respect of a 2 [person] living in any premises, and that search of the premises with warrant cannot be made without...

...investigation stands vitiated. It is further Page 1 of 2 contended that search was carried out without any warrant...raised does not relate to any allegations but, relate to the jurisdiction of the investigating officer or for that matter, carry out search without warrant. 4. In the facts and...

...Ex. P. 02; document regarding not receiving search warrant Ex. P. 03; and document regarding permission to search without warrant Ex. P. 04 and the information in this regard was sent to her senior...receiving search warrant Ex.P. 03 and document Ex.P. 04 regarding permission to conduct search without warrant to his senior officer, who then went to SDOP Pithora and submitted informer information...panchnama Ex.P. 02, document regarding not receiving search warrant Ex.P. 03 and document regarding permission to conduct search without warrant to the reader of SDOP Niraakar Nayak (PW-03) and...

...search warrant is to be obtained. If search warrant could not be obtained as Officer has reason to believe that there is chances that offender may escape or evidence may be concealed then search can be mad...warrant but before making search without warrant, grounds and reasons has to be mentioned for not obtaining search warrant. Such information is to be supplied to Senior Officer.... 4. Heard the counsel for the parties. 5. Search is to be made as per Section 42 of the NDPS Act. Information is to be taken down in writing and...

...;(b) arrest without warrant any person who has committed a cognizable offence, or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offe...for any offence;(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit .... In clause (d) of Section 4 power has been conferred to enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained...

.... Section 54 of the Karnataka Excise Act deals with power to search without warrant and reads thus: "54. Power to search without warrant.- Whenever the Excise Commissioner or a D...under section 32, section 33, section 34, section 36 or section 37 has been, is being, or is likely to be, committed, and that a search warrant cannot be obtained without affording the offender an...that an offence is being or is likely to be committed and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence he...

...,- (i) any such search without a warrant shall be made only by an officer of the rank of a Gazetted Officer; (ii) where the offence is punishable wit...fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the Gazetted Officer concerned shall...such offence has been committed is kept. The first proviso to the said Sub-Section 5(b) of Section 213 mandates that any search without a warrant shall be made only by...

.... 6. Section 54 of the Karnataka Excise Act deals with power to search without warrant and reads thus: "54. Power to search without ...may be prescribed, has reason to belive that an offence under section 32, section 33, section 34, section 36 or section 37 has been, is being, or is likely to be, committed, and that a search warrant cannot be obtained .... 7. A reading of the aforesaid provision indicates that if the officer prescribed has reason to believe that an offence is being or is likely to be committed and that a search warrant cannot be obtain...

...the Immoral Traffic (Prevention) Act, 1956, which reads as under:- 15. Search without warrant: (1) Notwithstanding anything contained in any other law for the time being in force...committed in respect of a (person) living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief..., enter and search such premises without a warrant. (2) Before making a search under sub- section (1), the special police officer (or the trafficking police officer, as the case may be) shall call upon two...

...the power to search without warrant. Section 54 of the Karnataka Excise Act reads as follows: "54. Power to search without warrant. - Whenever the...- section 33, section 34, section 36 or section 37 has been, is being, or is likely to be, committed, and that a search warrant cannot be obtained without affording .... 6. Section 53 of the Karnataka Excise Act provides for the power to the Magistrate to issue a warrant for search and Section 54 of the Karnataka Excise Act provides for...

...Police Sub-Inspector has searched the premises of the petitioner - accused without obtaining search warrant and without recording any grounds to believe for dispensation of obtaining search ...appearing for the respondents submits that Section 51 of the Karnataka Excise Act, 1965 empowers the police to search the premises without obtaining warrant and without recording the reasons for obtaining...search warrant. He further submits that Rule 2 of the Karnataka Excise (Entry, Inspection and Investigation Authorisation) Rules, 1967 specifies that any Authorized Officer may exercise the power of entry and inspection and ...

...appearing for the petitioner submits that the Police Sub-Inspector has searched the premises of the petitioner - accused without obtaining search warrant and without recording any grounds to believe for...Karnataka Excise Act, 1965 empowers the police to search the premises without obtaining warrant and without recording the reasons for obtaining search warrant. He further submits that Rule 2 of th...likely to be committed and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may after recording the grounds at...

..., observing that search was conducted without obtaining search warrant under Section 47 of the Excise Act and/or without c...with other conditions, is illegal. Accordingly, for search without warrant and other stated reasons, acquitted.Learned Public Prosecutor argued that permit with the goods are...material was transported and transported in the same district, so no offence is committed. Argued that the persons in the jeep were declared employees of the licensee and search without any reason, was...

...provision which deals with search without warrant. The above section says that notwithstanding anything contained in any other law for the time being in force, whenever the special police officer or the...and that search of the premises with warrant cannot be made without undue delay, the special police officer may after recording the grounds of his belief enter and search such premises without a...warrant. There is no provision which says that the special police officer or the trafficking police officer can authorise any of the subordinate officers for conducting search without warrant.8...

...little doubt but that the Sub-Inspector could have obtained the information sooner had he cared to do so, and that, in any case, he could have applied to the Magistrate for a search-warrant even after he got the information, and was...only in cases where "the delay in obtaining a search-warrant" from a Magistrate would prevent the discovery of the salt. The Act does not allow a salt officer to make a search without warrant because...the Sub-Inspector could have obtained the Magistrate's warrant without causing any delay whatever in conducting the search. The Sub-Inspector received detailed information at Mannargudi at 9 P. M. on...

...were prepared. Search without warrant memo Panchnama Ex.P/5 & P/12 were prepared. The secret information was informed to the witnesses and relevant Rojnamcha is Ex.P/33...Raipur and he proved the secret information Panchnama Ex.P/4 and search without warrant Panchnama Ex.P/5 received by him. The details of search, seizure and arrest of the appellant are Ex.P/6 and he...issued the acknowledgment. 11. PW-4, Prakash Das, has proved the intimation of secret information and search without warrant Panchhnama taken to City...

...they are not inconsistent with the provisions of the NDPS Act. Section 165 of the Code confers powers on the police to search any place without search warrant. “Place” has been defined in Section 2(p...) of the Code as one which includes house, building, tent, vehicle and vessel. Section 165 of the Code empowers a police officer making an investigation to conduct search without a warrant if he has...vehicles as it was suspected that there might be drug trafficking. In Truck No. RJC 1472, the appellant was found sitting with a cloth basket in his hand. During the search, a polythene bag was found in...