(1) A District Magistrate or a Subdivisional Magistrate or a Magistrate of the first class, or an officer of the Excise Depart ment not below the rank of a Superintendent specially empowered by the [State]* Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have comn1itted an offence punishable under this Act or the rules thereunder, or for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe any opium, material, utensil, implement or apparatus, in respect of which an offence punish able under this Act has been committed, is kept or concealed.
(2) The officers to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer under section 20.
*Substituted by A.O., 1950 for "Provincial".
, **Substituted by A.O., 1950 for "Province".
-~~~~~~~----------- t Inserted by the Assam Opium Prohibition (Second Amendment) Act, 1949 (Act I of 1949).
io. '-Power of entry, search, seizure and arrest without warrant._:_(1) Any officer of the Department of Excise not below the rank of J amadar, any police officer not below the rank of Assistant Sub-Inspector, any officer of the Depart ment of Revenue not below the rank of Sub-Deputy Collector, and any Prohibi tion officer authorised in this behalf by tile [State]* Government, who has reason to believe, from personal knowledge or from information received from any per son and taken down in writing and attested by the informant, that any opium, material, utensil, implement or apparatus in respect of which an offence punish" able under this Act or the rules thereunder has been committed is kept or con cealed in any building, vessel, or enclosed place, may, between sunrise and sunset,-
(a) enter into any such building, vessel or place;
(b) in case of resistance, break open any door ahd remove any other obst acle to such entry ;
(c) seize such opium, material, utensil, implement or apparatus,- and any other article liable to confiscation under section 29, and any document or other article which may furnish evidence of the commission of the offence ; and
(d) detain, search and arrest any person whom he has reason to believe to have committed an offence against this Act relating to such opium, material, utensil, implement or apparatus :
Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, after recording the ground of his belief, enter and search such building, vessel or enclosed place at any time between sunset and surise.
(2) Where an officer takes down any information in writing under sub section (1), or records grounds for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior.