TIWN Oct 17, 2019

AGARTALA, Oct 17 (TIWN): It is true that an officer in charge of a police station or a police officer making an investigation can raid an area under Section 165 CRPC but the police officer who are with SP West and high rank officials have 100% violated the law by entering without written records and search warrants. Moreover, even though CPI-M had no link with news offices, but police have violated press freedom but entering press office in midnight in search of CPI-M MLA Badal Choudhury whose bail was rejected by District justice on yesterday midnight. On being asked for papers, the I/O argued there is no need of written document in this case. The action came after after whole day long wait, finally West District Court at midnight has rejected former PWD Minister Badal Choudhury’s anticipatory bail plea. In this situation, here know 5 points necessitated for a police official to enter an office for raid :
In the Code of Criminal Procedure, 1973, 165. Search by police officer.
(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place with the limits of the police station of which he is in charge, or to which he
is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
(2) A police officer proceeding under sub- section (1), shall, if practicable, conduct the search in person.
(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
(4) The provisions of this Code as to search- warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub- section (1) or sub- section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.
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