Section 105(2) of the Act
attracts Section 165(1) of the Code of
Criminal Procedure and under that section, as
the police officer ... reason to believe the facts mentioned
therein, under Section 165(1) of the Code of
Criminal Procedure the recording of the
reasons for believing
Section 165 in The Code of Criminal Procedure, 1973
165. Search by police officer
(1) Whenever an officer-in-charge of a police station ... limits of such station. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person
search was to be made.
(5) Sub-section (2) of Section 165 , Criminal Procedure Code provides that the officer carrying on the investigation shall ... delegation was therefore not necessary.
(6) Sub-section (5) of Section 165 , Criminal Procedure Code requires that copies of any record made shall forthwith
record made by him under Sub-section (1) of Section 165 , Criminal Procedure Code;
(2) that the action of the 2nd respondent in having searched ... record, if any, made under Sub-section (1) and Sub-section (3) of Section 165 , Criminal Procedure Code, were nto sent forthwith to the nearest
under Sub-section (3) of Section 172 , Cr.P.C. \ With the result the provision of Sub-section (5) of Section 165 , ... section (3) of Section 172 , Cr.P.C. For this reason, copies of Zimneys containing record under Sub-section (1) of Section 165 ,
sec. (5) of sec. 165 which provides that copies of any record made under sub-sec. (1) or sub-sec. (3) shall forthwith be sent ... requirement under sub- sec. 3 of section 165 has been complied with and not u/s. 165(1) of CrPC. The officer could
legal malice".
38. Because of the applicability of Section 165 , Criminal Procedure Code, to the searches and seizures by virtue of Sub-section ... force of Sub-section (13) of the same section. The important words of Section 165 , Code of Criminal Procedure, are "such officer may after
under Sections 96 98, Section 99A or Section 100 Section 102 deals with search of a closed place. Section 103 provides the procedure ... Section 22A providing for the applicability of the relevant provisions of the Code effectuates that intention. The applicable provisions of the Code of Criminal Procedure
that where the provisions of Sections 103 and 165 . Code of Criminal Procedure are contravened the search could be resisted by the person whose premises ... wording in sub-sec, (i) of Section 105 of the Act and Sub-section (3)of Section 165 , Cr.P.C. Whiles
Code of Criminal Procedure , 1973 ( CrPC ) relating to searches and seizure, shall apply to searches and seizure under section ... titled 'Search by Police Officer'. Sub-section (1) of section 165 CrPC mandates recording of reasons for conducting a search. However
