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Bengal Presidency - Section

Section 79 in The Calcutta Police Act, 1866

79. On suspicion of goods being stolen or unlawfully obtained Commissioner may grant search warrant

If information shall be given on oath to the Commissioner of Police, that there is reasonable cause for suspecting that anything stolen or unlawfully obtained is concealed or lodged in any dwelling-house, building or other place, or any ship or vessel;the Commissioner by special warrant under his hand directed to any police-officer, may cause such dwelling-house, building or other place, or ship or vessel, to be entered and searched at any time of the day, or by night, if power for that purpose be given by such warrant:Provided that no such warrant shall authorize an Police-officer below the rank of Sub-Inspector to make any entry or search at night;and the said Commissioner if it shall appear to him necessary, may empower such Police-officer, with such assistants as may be found necessary (such officer having previously made known his authority), to use force for the effecting of such entry, whether by breaking open doors or otherwise, and if upon search thereupon made, such thing shall be found, then to convey the same before a Magistrate, or to go guard the same on the spot until the offenders are taken before a Magistrate, or otherwise dispose thereof in some place of safety; and more-over to take into the custody, and carry before the said Magistrate, every person found in such house, or place, or ship or vessel, who shall appear to have been privy to the deposit of any such thing, knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.