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]
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