Legal Provisions of Section 94 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Search of place suspected to contain stolen property, forged documents, etc.:
This section contains provisions relating to search of place suspected to contain stolen property, forged documents or any objectionable articles mentioned in sub-section (2).The terms ‘stolen property’, ‘forged documents’ etc., are defined in the Indian Penal Code. The section does not provide any territorial limitations with regard to jurisdiction of the Magistrate issuing search warrant.
ADVERTISEMENTS:
Before issuing a search warrant under Section 94, the Magistrate must satisfy that there is some allegation or information which is sufficient to draw an inference that a particular place is used for deposit of the stolen property or forging the documents or manufacturing of counterfeit coins, false seals etc. He has also to record the grounds on this belief. The order must, therefore, show that the Magistrate has applied his mind before ordering the search of the place.
The High Court of Andhra Pradesh has observed in Dinesh Auto Finance v. State, that a search warrant under Section 94 can be issued only by District Magistrate, Sub- Divisional Magistrate, or a Magistrate of the First Class and the person authorised to search must be a police officer above the rank of a constable. Also, before issuing the warrant, the Magistrate concerned must have reason to believe that the place is used for deposit or sale of stolen property or forged documents etc.
Image Source : informationclearinghouse.info