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State of Jammu-Kashmir - Section

Section 98 in The Code of Criminal Procedure, 1989 (1933 A. D.)

98. Search of house suspected to contain stolen property, forged documents, etc.

- If a District Magistrate, [Chief Judicial Magistrate,] [Inserted by Act XL of 1966.] Sub-Divisional Magistrate or Magistrate of the first class, 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 going, are kept or deposit in any place.[or if a District Magistrate, [Chief Judicial Magistrate] [Inserted by Notification No. S-L/83 published in Government Gazette dated 19th Bhadon,1983.] Sub-Divisional Magistrate upon information and after such inquiry, as he thinks necessary, has reason to believe that any place used for the deposit sale, manufacture or production of any obscene object such as is referred to in section 292 of the Ranbir Penal Code or that any .such obscene objects are kept or deposited in any place,].he may by his warrant authorise 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)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.