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[Section Index]

The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter VII

OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

B.-Search-warrants

Search of house
98.(1) If a District Magistrate,1[or an Executive Magistrate specially empowered by the Government in this behalf,] 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 or coin, or instruments or materials for counterfeiting coin or stamps or for forging,
 
 
or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place,
 
 
or, if a District Magistrate, 2[or an Executive Magistrate specially empowered by the Government in this behalf,] upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the 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 be required, such place, and
 
 
(b) to search the same in manner specified in the warrant, and
 
 
(c) to take possession of any property, documents, seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and
 
 
(d) to convey such property, documents, seals, stamps, 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, 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, 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 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 Bangladesh in contravention of any notification for the time being in force under 3[section 16 of the Customs Act, 1969],
 
 
(b) pieces of metal suspected to have been so made or to have been so brought into Bangladesh 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.

  • 1
    The words and comma “or an Executive Magistrate specially empowered by the Government in this behalf,” were substituted for the words and comma “sub-divisional Magistrate, Metropolitan Magistrate or Magistrate of the first class” by section 33(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 2
    The words and comma “or an Executive Magistrate specially empowered by the Government in this behalf,” were substituted for the words “sub-divisional Magistrate or a Metropolitan Magistrate” by section 33(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words, figures and comma "section 16 of the Customs Act, 1969" were substituted, for the words, figures and comma "section 19 of the Sea Customs Act, 1878" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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