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No, the police officer cannot directly order the postal authority to deliver the evidence to him. As per Section 92(2) of the CrPC, only the superior Courts specified in sub-section (1) – High Court, Court of Session, District Magistrate, or Chief Judicial Magistrate – can directly order the authority to deliver the document or thing to such person as it directs. The police officer can only exercise his power under sub-section (2) of Section 92 and require the postal authority to make a search for the document or thing and detain it till the order is received from a superior Magistrate or Court as specified in sub-section (1) for its delivery or production.
Additionally, if the police officer issues a search-warrant for a document, parcel, or other thing in the custody of a postal or telegraph authority without being empowered by law, as per Section 461 of the CrPC, such irregularities can vitiate the proceedings.
A court can issue a search warrant under Section 93 in the following circumstances:
When a person who has been summoned or requisitioned under Section 91 or Section 92 of the Criminal Procedure Code, is believed to be unwilling or unable to produce the document or thing required by such summons or requisition.
When the document or thing required by the court is not known to be in the possession of any person.
When the court considers that the purposes of any inquiry, trial, or other proceeding under the Criminal Procedure Code will be served by a general search or inspection.
In the given situation, the court has reason to believe that Mr. X is unwilling to produce the document as required by the summons. Hence, the court can issue a search warrant under Section 93(1)(a) to search for the particular document. The person charged with the execution of such warrant shall then search or inspect only the place or part specified in the warrant.
The police officer can approach a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class and inform him/her about the situation. The officer can provide the evidence collected during the inquiry to the Magistrate, who can then decide whether to issue a warrant to search the suspected place.
If the Magistrate is satisfied that there is sufficient reason to believe that the place is being used for the production and sale of counterfeit currency notes, he/she may issue a warrant under section 94 of the CrPC. The warrant will authorise the police officer to enter the suspected place with assistance, search it, take possession of any counterfeit currency notes found, and arrest any person found to be involved in the production and sale of counterfeit currency notes.
If the police officer conducts the search without a warrant, any evidence collected during the search may not be admissible in court. Therefore, it is essential to obtain a warrant before conducting a search under section 94 of the CrPC.
The editor of the newspaper can file an application under section 96 of the Criminal Procedure Code to set aside the declaration of forfeiture made by the State Government. The application must be filed within two months from the date of publication in the Official Gazette of such declaration. The High Court will then hear and determine the application with reference to the newspaper in question. The editor can provide a copy of the newspaper in aid of the proof of the nature or tendency of the words, signs, or visible representations contained in the newspaper. If the High Court is not satisfied that the issue of the newspaper contained any seditious content as referred to in section 124A of the Indian Penal Code, then the declaration of forfeiture will be set aside. However, if the High Court agrees with the State Government’s decision, then the declaration of forfeiture will be upheld. It is important to note that any order passed or action taken under section 95 cannot be challenged in any court other than the High Court under the provisions of section 96.
The Magistrate of the first class, upon receiving the complaint from Mr. X’s family, can have reason to believe that Mr. X may have been wrongfully confined under circumstances that amount to an offense. In such a scenario, the Magistrate can issue a search warrant to search for Mr. X. The person to whom the warrant is directed can search for Mr. X in accordance with the warrant. If Mr. X is found, he should be immediately taken before the Magistrate who shall make such order as in the circumstances of the case seems proper.
The District Magistrate can make an order for the immediate restoration of the woman to her liberty, using such force as may be necessary to compel compliance with such order. The District Magistrate may also make an order for the arrest of the person who has abducted the woman and may take further action as deemed necessary to ensure the safety and protection of the woman.
Mrs. Sharma can approach the District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class and file a complaint on oath of the unlawful detention of her daughter for an unlawful purpose. The Magistrate can then make an order for the immediate restoration of the girl to her mother’s custody and can compel compliance with such an order, using such force as may be necessary. The police can then take the Magistrate’s order and use it to rescue the girl from the neighbor’s custody.
As per Section 100(1) of the Criminal Procedure Code, the person in charge of the closed place must allow the officer executing the warrant free ingress and afford all reasonable facilities for a search. If the person in charge refuses to comply with the warrant, the officer may proceed in the manner provided by Section 47(2) of the Code, which allows the officer to break open any outer or inner door or window of any house or place if, after notification of his authority and purpose, he is refused admittance.
Furthermore, as per Section 100(4), the officer executing the warrant must call upon two or more independent and respectable inhabitants of the locality to attend and witness the search. If the person in charge of the warehouse still refuses to comply, he may be deemed to have committed an offence under Section 187 of the Indian Penal Code.
Therefore, the police officer should inform the person in charge of the warehouse that he is legally obligated to comply with the warrant and allow the search to take place. If the person continues to refuse, the officer may proceed with the search in the manner provided by the Code and take necessary legal action against the person for non-compliance.
According to section 100(1) of the Criminal Procedure Code, any person residing in or being in charge of a place liable to search under this chapter shall allow free ingress to the officer executing the warrant and afford all reasonable facilities for the search. Therefore, if the person in charge of the house refuses to allow the officer to enter and conduct the search, the officer can proceed as per section 100(2) and enter the house by force, following the procedure provided in section 47(2).
The officer should also call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated, or any other locality if no such inhabitant of the said locality is available or willing, to attend and witness the search, as per section 100(4). The search shall be made in their presence, and a list of all things seized during the search shall be prepared by the officer and signed by the witnesses, as per section 100(5).
If the person in charge of the house is reasonably suspected of concealing any article for which the search should be made, such person may be searched, and if the person is a woman, the search shall be made by another woman with strict regard to decency, as per section 100(3).
If the person called upon to attend and witness the search under section 100(4) refuses or neglects to do so without reasonable cause, he shall be deemed to have committed an offense under section 187 of the Indian Penal Code (45 of 1860), as per section 100(8).
In this situation, the items found during the search, along with a list of the same prepared under the provisions of Section 100 of the Code of Criminal Procedure, must be immediately taken before the Magistrate having jurisdiction in City B. The Magistrate in City B shall then make an order authorizing the items to be taken to the Court in City A, where the warrant was issued, unless there is good cause to the contrary. This provision ensures that the items found during the search are properly accounted for and presented before the appropriate Court, even if they are found outside the local jurisdiction of the Court that issued the warrant.
The officer should immediately report the seizure to the Magistrate having jurisdiction and follow the procedures outlined in Section 102. If the officer believes that it is difficult to secure proper accommodation for the custody of the property or that the continued retention of the property in police custody is not necessary for investigation, they may give custody of the property to another person on the condition that they execute a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same. However, if the seized property is subject to speedy and natural decay and its value is less than five hundred rupees and the person entitled to its possession is unknown or absent, it may be sold by auction under the orders of the Superintendent of Police, and the net proceeds of such sale will be governed by the provisions of sections 457 and 458.