(1) A Collector or Magistrate may at any time search or direct a search to be made in his presence of any place for the search of which he is competent to issue warrant under section 39.
(2) A Collector or a Magistrate may at any time arrest or direct the arrest in his presence of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant under section 39.
41. Any Excise or Police Officer, not below such rank as the State Government may, by notification, prescribe, having reason to believe and having recorded the grounds of his belief that an offence under section 53, 54, 55, 56, 57 or 61 has been, is being or is likely to be, committed in any place and that a search cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, may at any time by day or night -
(a) enter into and search such place ;
(b) seize and carry away anything found therein which he has reason to believe to be liable to confiscation under this Act or any document or other article THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 809 which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or under the Assam Opium Prohibition Act, 1947, Assam Ganja and Bhang Prohibition Act, 1959 and the Narcotic Drags & Psychoropic substances Act, 1985 and detain and search and if he thinks proper, arrest any person found in such place whom he has reason to believe to have committed any such offence as aforesaid.
Power to investigate.
Assam Act, 23 of 1947, Assam Act 21 of 1959, Central Act 61 of 1985.