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State of Rajasthan - Section

Section 17 in The Rajasthan Mica Act, 1958

17. Powers of search and seizure.

(1)Whenever any officer authorised in this behalf by the State Government have reason to believe that an offence punishable under sub-section (1) of section 12 read with clause (a), (b) or (c) of sub-section (1) of section 4 or under clause (b) of sub-section (4) of section 12 has been or is being committed in respect of any mica and that such mica is to be found in any buildings or place and that a search warrant cannot be obtained without affording an offender an opportunity of concealing or removing mica, he may, after recording the grounds of his belief at any time by day, enter and search such building or place and cease any mica found there 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 authorised to exercise the power conferred by this section.
(2)Every officer seizing any mica under sub-section (1) shall-
(a)prepare a list of 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 placed 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 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 dispatch take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property and the law.