(1) A D istr ict Magist rate or a Subdivis ional Magis trat e or a Magis trat e of the first class, or an officer o f the Excise De partm ent not below the r an k of a Superin ten dent specially empo wered by the Sta te Governme nt on this beha lf, may issue a wa rra nt for the arrest o f any persons whom he has reason to believe to have com mit ted an offence p unishable unde r this Act o r the rules thereu nder, o r for the search, wh eth er by day or by nigh t, of a ny bui ldin g, vessels or place in which he has reason to believe any ganja , bhang, ma ter ial , utensil, imp lement or ap pa ratus , in respect of which an offence pun ishable un de r this Act has been com mit ted, is kep t or concealed.
(2) Th e officer to whom a search wa rra nt under sub-section (1) is ddressed shall have all the powers of an officer u nder section 11.
P ow er o f en tr y , se ar ch an d se iz ure s, et c. —(l)^1 Iftiyi Officer^ a n fl P o l i c e r h e r a nk o fT n sp a Officer of eGtOrfanyany Office r o f the Depart me nt of R evenue not below the rank of the Sub -De puty Col lector, and any person authorised in t his behalf by the Sta te Go ver n me nt who has reason to believe f rom personal knowledge or from inform a tion received from any person and taken down in wri ting and attested by the inform ant , th at any ganja , bh an g, ma ter ial , utensi l, imple me nt or apparat us in respect of which an offence pun isha ble unde r this Act or the rules mad e the reu nder has been com mit ted is kept or concealed in any bui ldin g, vessel, or enclosed place , ma y betw een sunrise and sunset,—■ (а) en ter into any such building , vessel or place ;
(б) in case of resistance, break ope n any door and remove any other obstacle to such ent ry ;
(c) seize such gan ja, bhang , ma ter ial , utens il, imp lem ent or ap pa ratus , and any docume nt or othe r article which may furn ish evidence of the commission of the offence ;
(d) de tain, search and arrest any person whom he has reason to believe to hav e com mit ted an offence aga inst this Act relatin g to such ganja , bha ng, m ateria l, utensil, implement or apparat us ;
Pro vided that if such Officer has reason to believe th at a search wa rra nt cannot be obt ained with out afford ing opp ortunity for the concealm ent of evidence o r facil ity for the escape of an offender , he may , afte r reco rding the ground of his belief, ente r an d search such bui ldin g, vessel or enclosed pla ce a t any time betw een sunset and sunrise.
(U-t- zvn <2 5
(2) Where an officer takes down any information in wri ting u nde r sub section (1), or records grounds for his belief under the proviso thereto , he shall for thw ith send a copy the reo f to his imm edia te official supe rior.
12 P ow er o f se iz ure an d arrest in pub lic p la ces .—Any officer of any o f the Depar tment refe rred to ia section 11 may within the prohib ited are a notified unde r this Act . -
(a) seize, in any publ ic place o r in transit, any ganja , bhang , materi al, uten sil, imp lement o r apparatus in respect of which he has reason to believe an offence punishable under this Act or the rules mad e the reu nder has been commit ted , and, along with it, any doc ument o r other arti cle which may furnish evidence of the commission of the offence, and
(b) de ta in , search and arrest any person whom he has reason to believe to have committ ed an offence aga ins t this Act rela ting to such ganja , bha ng, ma teri al, utensi l, implement or ap pa ratus.