...apply in respect of warrants, arrests, searches and seizure insofar as 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...contended before the trial court that there was violation of Section 50 of the NDPS Act as the search and seizure was not made in the presence of a gazetted officer or a Magistrate and...

...that the special police officer alone will search without warrant, but it is clear from the provisions of this section that officers of the regular police force will not search without warrant and thus will not exercise the power given under Section 165 of...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...punishable under this Act has been or is being committed in respect of a woman or girl living in any premises, and that search of the premises with warrant cannot be made without undue delay, such...

...under the Drugs and Cosmetics Act. The search was conducted under the Code of Criminal Procedure. The only provision in the Cr.P.C, which permits a police officer to conduct a search without a search warrant is Section 165 of...the search. He also submits that no search could have been conducted and the house of the petitioner could not have been searched without a search warrant. His next submission is that even if the...conducted only after search warrant has been obtained in terms of Section 93, 94 or 96 of the Code of Criminal Procedure. The house of any citizen is his castle...

...applicable.12. Now, looking into the provisions of section 165 of the Code of Criminal Procedure, it appears that the Officer-in-Charge of the Police Station or any Investigating Officer not below the rank of Sub-Inspector can conduct the house search without a search warrant during...the Act without a search warrant under certain conditions as laid down under section 165 of the Cr. P.C13. Therefore, in making the reasonable interpretation of...hrs. some police personnel came to the shop-cum-godown of the present petitioner during his absence and in presence of his employees they made a search of the godown without having any search warrant...

...committed or is reasonably suspected to have committed the offence under sections 3 and 4 of R.P (U.P) Act.6. Section 165 of the Code of Criminal Procedure provides the circumstances in which the Officer-in-Charge of a police station or the investigating officer not below the rank of Sub-Inspector can conduct the house search without a search warrant during...search during an enquiry under the Act without a search warrant under certain conditions laid down under section 165 Cr. P.C It is very important to note here that...respect of which there is reason to believe that they are stolen or unlawfully obtained, then the search warrant must be issued in accordance with the requirement of section 10 of the...

...Criminal Procedure, 1898, and this being the position provisions of section 165, Code of Criminal Procedure, were applicable to the search which was to be conducted by the raiding party. It was further contended that section 165, Code of Criminal Procedure required that the officer conducting the search without a warrant was...the jhugi and that he had not recorded any reasons before going to the jhugi to effect search therein. From the above evidence it would appear that there has been breach of section 165..., and a search where provisions of section 165 were ignored would be a search made in contravention of the provisions of the Code and would be illegal. The observations of the Supreme Court...

.... 24 (h) If a search is conducted without warrant of court Under Section 165 of the Code, the I.O. must record reasons and a search memo...27.03.2013. He stated that PW-1 reported that her son, Ajit Pal, had left the house on 26.03.2013 at 9 o'clock without telling anyone and he had not been found despite their search. There is a mention...thereto gives evidence in the Court of law under Section 157 of the Evidence Act. This Court noted that Section 100(4) to Section 100(8) Cr.P.C. stipulate the procedure with regard to search in the...

...offence under Section 3(a) of the R.P (U.P) Act.3. Section 165 Cr. P.C provides the circumstances in which the Officer-in-Charge of a Police Station or the Investigating Officer not below the rank of a Sub-Inspector can conduct the house search without a search warrant during...search warrant was obtained before conducting search and seizure. But, I am unable to accept such contention made by Mr. Mukherjee. Section 8(1) of the Act provides that the R.P.F Officers start an...Officers also during an enquiry under the R.P (U.P) Act by virtue of Section 8(2) of the said Act. The Officer of the force can also conduct a house search during an enquiry under the Act without a search...

...appellant's claim of compliance, and asserted that the declarations were inadequate and in breach of Rule 24. 8.5. It was further contended that Section 165 Cr.P.C is not applicable and that seizure of goods can be undertaken without a search warrant under...warrant or reasons duly recorded. These safeguards, embodied both in 16 the special enactment and the Cr.P.C., are designed to prevent arbitrary action and to uphold the guarantee of due process. 17. Section 165 Cr.P.C. deals with circumstances and pre-requisites for searches without warrant. As a general rule, every search must...exercise books, for alleged violations of Rule 24(a) of the 2011 Rules and Section 36(1) of the 2009 Act. The search was conducted without a warrant, and no reasons were admittedly recorded...

...to have committed the offence under Sections 3 and 4 of the R.P. (U.P.) Act. 6. Section 165 of the Code of Criminal Procedure provides the circumstances in which the officer-in-charge of a police station or the investigating officer not below the rank of Sub-Inspector can conduct the house search without a search warrant during...search during an enquiry under the Act without a search warrant under certain conditions laid down under Section 165 Cr. P.C. It is very important to note here that section 10 of the R.P. (U.P) Act...under: “12. Now, looking into the provisions of section 165 of the Code of Criminal Procedure, it appears that the Officer-in-Charge of the Police Station or any Investigating Officer not below the rank of Sub-Inspector can conduct the house search without a search warrant during...

...of commencing and ending must be mentioned in the panchnama but nothing was done in the instant case. If a search is conducted without warrant of court under Section-165 of the Code, the officer must record reasons and a search memo...-State. [2] This is an application filed under Section-374 of Cr. P.C., 1973 against the judgment of conviction and sentence dated 31.01.2024 in connection with Case No. S.T.... (Type-1) 11 of 2019 passed b y the learned Sessions Judge, North Tripura, Dharmanagar, sentencing the convict appellant with rigorous imprisonment for 3 years under Section-489 (C) of IPC along with...

...the Kerala Forest Act.7. The learned counsel for the petitioner argued that the vehicles were intercepted by the forest officials and a search was carried out without a search warrant, in violation of Section 165 of the Criminal Procedure Code. It was the further contention of the petitioner that when the driver committed the offence without the...Officer, Munnar Division. He is also challenging Ext. P3 judgment in C.M.A No. 1269 of 2002 - the appeal filed under Section 61(D) of the Kerala Forest Act against Ext. P1.... 27932 of 2001 alleging that the vehicles were not being released. As the proceedings were initiated under Section 61A of the Kerala Forest Act, the learned Government...

...the section is meant to be used in cases where lack of time renders it impracticable to follow the ordinary course of making searches by obtaining a warrant from a Magistrate. A search without a warrant from a Magistrate made under Section 165 of...aforesaid were made without satisfying the conditions necessary for the exercise of the power conferred on the police under Section 165 of the Code of Criminal Procedure. The.... 3. The defence of the respondents was that the search was conducted after satisfying all the requirements of Section 165 of the Code of Criminal Procedure and...

...of the Cr. PC. Section 165 of the Cr. PC empowers the police officer to make a search without warrant subject, of course, to certain safeguards. Search must be necessary for investigation, reasonable...of the Act makes the offence non-cognizable in nature, while section 8 thereof postulates arrest of a person without warrant and section 10 postulates obtaining search which was done warrant by the RPF...on the basis of which prayer was made before the learned Magistrate for the issuance of search warrant was recorded in violation of the law and the learned Magistrate was without any jurisdiction to...

...urgency may, subject to the terms and restrictions of section 165, search and seize without a warrant and such restrictions include the application, so far as may be, of sections 102 and 103 and the...State Of Rajasthan v. Rehman , it was pointed out that a search without a warrant which did not satisfy the conditions of section 165 of...and conditions provided therein and Form 8 in Schedule V to the Code and, in the case of a search without a warrant, because of the conditions of section 165 of the Code for exercise of such power...

...acquitted on the ground that the procedure as laid down under section 165 Cr. P.C for search was not followed, inasmuch as, the raid that was Conducted under Central Excises and Salt Tax Act was without warrant and...search was being conducted without any warrant as contemplated under section 165 Cr. P.C The Supreme Court examined the relevant provisions of the Central...thing in a particular manner, he should do the same in that manner or not at all and since the procedure as laid down under Section 165 of the Code having been not followed, the search was without...

...restrictions as contemplated under section 165, Criminal Procedure Code, as per which the police officer, if he wants to effect search without warrant, can...if those provisions were not complied with, the entire search would be without jurisdiction and as a logical corollary the conviction under section 34 of the said Act would be vitiated. But, this...ruling of the Supreme Court cannot have any application to the facts of the present case for the simple reason that under section 54 of the mysore act it is stipulated that a search warrant should be...

...be conducted by complying with the requirements of Section 165 of Cr.P.C. It was observed: - "17. Section 165Cr. P.C. deals with circumstances and prerequisites for searches without a warrant. As a general rule, every search must...searches under Section 165. It is therefore clear that even under Section 165, the existence of reasons to believe that an imminent search is necessary must be recorded, with as much detail as possible. The mandate of Section 100(4) must also be satisfied even in searches under Section 165. Xxx 19.2. In every search conducted under a special enactment without a warrant, the..., search warrant, and investigation shall apply to all actions taken under the Act. Therefore, Surjeet Singh (PW4) was required to comply with the requirements of Section 165 of the Cr.PC before...

...is conducted without warrant of court Under Section 165 of the Code, the I.O. must record reasons and a search memo should be issued." In view of the facts of the case and...Sessions Case No. 121/1992, whereby the accused appellant No.1- Chanda Ram @ Ram Chandra has been convicted for the offence under section 304 IPC and sentenced to ten years rigorous imprisonment and a... years additional Rigorous Imprisonment and accused appellant No.2- Smt. Sheela Devi has been convicted under section 323 IPC and she has been let off after admonition for setting aside the same...