41. Search, seizure and arrest following upon entry without warrant, in emergent cases.
- Any Excise or Police Officer, not below such rank as the State Government may, by notification prescribe, having reason to believe and having recorded the grounds of his belief that an offence under Section 53, 54, 55, 56, 57 or 60 has been, is being or is likely to be committed in any place and that a search cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, may at any time by day or night-(a)enter into and search such place;(b)seize and carry away anything found therein which he has reason to believe to be liable to confiscation under this Act or any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or under the Indian Opium Act, 1878 or under the Dangerous Drugs Act, 1930; and(c)detain and search and, if he thinks proper, arrest any person found in such a place whom he has reason to believe to have committed any such offence as aforesaid.
