226. Inspection, search for and seizure of stores for explosives. [§ 12, Act V, 1861].
(a)Under rule 106 of the Explosive Rules, 1940, any police officer of and above the rank of Sub-Inspector of the Bengal Police may, within his jurisdiction in connection with licenses issued under the Explosive Rules, 1940 -(i)enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, possessed, sold, transported or imported under a license granted under the Explosives Rules, 1940, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, sold, transported or imported in contravention of the Indian Explosives Act, 1884 (IV of 1884) or of the above rules;(ii)search for explosive therein;(iii)take samples of any explosives found therein, on payment of the value thereof, if payment can be made at the time the samples are taken; and(iv)seize, detain, remove and, if necessary, destroy or otherwise render harmless any explosive found therein in respect of which he has reason to believe that any of the provisions of the said rules or Act have been contravened.(b)Whenever any police officer seizes, detains or removes any explosive under this rule, he shall report the fact to the District Magistrate.(c)No police officer shall under this rule, destroy or otherwise render harmless any explosive without the previous sanction of the District Magistrate, unless the matter appears urgent and fraught with serious public danger.(d)Whenever any officer destroys any explosive or otherwise renders it harmless, he shall take and keep a sample thereof, and shall, if required, give a portion of the sample to the person owning the explosive or having the same under his control at the time of seizure, and whenever any officer so deals with any explosive, he shall report the circumstances to the District Magistrate.(e)Under rule 102 of the Explosives Rules, 1940, every person holding a license or acting under a license granted under the rules, shall be bound to produce the same, or an authenticated copy kept at the magazine or place to which the license applies or a pass issued by a holder of a license in Form H of the said rules in respect of a consignment of explosives when called upon to do so by any police officer not below the rank of Sub-Inspector. Copies of any such license may, for the purpose of this rule, be authenticated free of charge by the authority which granted the license.(f)Police officers will carefully observe that, should any officer below the rank of Sub-Inspector find it necessary to take action under sub-clauses (i), (ii), (iii) or (iv) to clause (a) above, he should either obtain a warrant under the Act or request a Sub-Inspector or any other superior police officer to accompany him.Note. - All police officers of rank not below that of Sub-Inspector in the Burdwan district have been empowered within the areas over which their authority extends to enter, inspect, etc., the premises licensed in Forms J and L also.
