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State of Bihar - Section

Section 24 in The Bihar Mica Act, 1947

24. Power of search and seizure.

(1)Whenever any officer authorized in this behalf by the [State] [Substituted para 4(1) Schedule XVI of the A.L.O.] Government has reason to believe that an offence punishable under Clauses (a), (b), (c) or (d) of sub-section (1) or Clause (b) of subsection (4) of Section 17 [* *] [The Words 'the Crown for the purposes of 11 repealed by para 3 and Schedule XVI of the A.L.O.] has been or is being committed in respect of any mica and that such mica is to be found in any building or place, and that a search warrant cannot be obtained without affording the offender an opportunity of concealing or removing such mica, he may, after recording the grounds of his belief, at any time by day or night, enter and search such building or place and seize any mica found therein, in respect of which he has reason to believe that any offence referred to in this sub-section has been or is being committed:Provided that no police officer whose rank is lower than that of an Inspector of police shall be authorized to exercise the powers conferred by this section.
(2)Every officer seizing any mica under this section shall-
(a)prepare a list of the mica so seized and deliver a copy thereof signed by him to the person found in possession of such mica;
(b)enclose the mica seized in a package and place on such package a mark indicating that the mica therein contained has been seized; and
(c)as soon as may be after such seizure make a report thereof to the Magistrate having jurisdiction to try the offence on account of which such seizure has been made.
(3)Upon receipt of any such report the Magistrate shall with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.