KNOW UR RIGHTS - POLICE SEARCHING

KNOW UR RIGHTS - POLICE SEARCHING

 

What constitutes a police search?

The door-bell buzzes and a khaki-clad officer is the visitor. If it's coke that the

police are after, it is the Narcotic Drugs and Psychotropic Substances (NDPS) Act

that comes into play. To ensure the police doesn't plant things while poking around

during a search operation, it's best to get a lowdown on the law.

 

What constitutes a search?

A search-and-seizure operation is part of the investigation process and the

investigating agency is authorised by
   law to knock on
   doors even without a warrant or
   authorisation if
   need be. In case
   of resistance,
   the officer can
   break open the door. Cops can seize drugs or other substances used to

manufacture it or any document or article in evidence. Can detain, search and

arrest anyone believed to have committed an offence under the NDPS Act.

 

Who can carry out a search under the NDPS Act:

Since the Act is a Central law, various agencies can land up at your doorstep.

Central government agencies: Any officer (superior in rank to a peon, sepoy or

constable) from Central Excise, Narcotics, Customs, Revenue Intelligence or any

other department, including paramilitary or armed forces empowered by Central

orders can land up. State government agencies: Officers of the Revenue, Drugs

Control, Excise, police or any other department empowered by general or special

orders can come.

 

Searches and safeguards

There are two types of searches: personal search and search of the premises

(residential, office or shops).

 

Personal search: Section 50 of NDPS Act says a police officer must appraise the

person to be searched that s/he has a right to be searched in the presence of

magistrate or a gazetted officer in case of a personal search. Arrangements have to

be made if the person so desires. A fivemember Constitutional bench of the SC has

held that any breach of Section 50 will render the evidence obtained inadmissible

during a trial.

 

Search of house: Each member of the search party (even if there are 10 officers

and including the panchas) must offer himself/herself for a search prior to carrying

out a search of the premises of the suspect (to rule out any planting of evidence by

the police). If there are female members in the house a female officer must be

present. There must be two panchas (independent witnesses) present during the

search-and-seizure operation. The Act says the panchas must be two independent

respectable residents of the locality (the person whose house is being searched can

insist on such independent witnesses and not
   permit the
   cops to use the
   duo that usually come
   along with the search party). The panchanama must be drawn up immediately and

a copy given immediately to the person. The search must be in the presence of the

occupant of the house or his or her representative.

 

When can search take place?

Anytime between sunrise and sunset with a search warrant or authorisation from a

superior officer. t However, the Act allows entry, search, seizure and arrest even

without the warrant and authorisation from superiors. The officer conducting the

search can, if he thinks that time in getting an authorisation would allow the

suspect to conceal the evidence, just record his reasons for the search in writing

and within 72 hours send a copy to his immediate superior. There can be no search

after dark under NDPS Act without a search warrant from courts.

 

What you can do

Refuse to give a statement. You have a right to keep quiet and not answer without

consulting your lawyer. [THE END]

Web : www.manitham.net Email: manitham@manitham.net

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