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While performing functions relating to search and seizure, the concerned
authority shall:
S.165 (1) Cr. PC
1.
Ensure that the enforcement authority
before entering into any premises to
effect search/seizure of relevant
evidence, shall record in writing, as far
as possible, the reasons for believing that
search would lead to discovery of such
evidence.
S.91
2.
Ensure that where the production of a
document or a thing is necessary,
summons are obtained from the
appropriate court or orders secured from
an authorised officer requiring the person
in whose possession or power the
relevant document or thing is believed
to be, to produce said document/thing
at a stipulated time and place specified
in the warrant/ order
S.93
3.
Ensure that where the Court has reasons
to believe that a person to whom
summons or requisition is made would
not produce the required document or
thing or where the person or in whose
possession a document or a thing is not
known, and where the Court considers
that the purpose of inquiry/trial will be
served, it may issue of search warrant
for the discovery of such a document or
a thing.
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