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Section 3: Procedure relating to search

The Fugitive Economic Offenders (Procedure for Conducting Search and Seizure) Rules, 2018.Central Rules · 2018

(1) The Director or the authorised officer shall enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept and such officer may,-

(i) break open the lock of any door, box, locker, safe, almirah or other receptacle in case keys thereof are not available;

(ii) seize any record or property found as a result of such search;

(iii) place marks of identification on such record or make or cause to be made extracts or copies therefrom;

(iv) make a note or an inventory of such record or property;

(v) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act.

(2) No search shall be conducted under this rule unless a report has been submitted by an officer authorised to investigate to an officer not below the rank of Additional Secretary to the Government of India or equivalent being head of the office or Ministry or Department, as the case may be, or any other officer who may be authorised by the Central Government, for this purpose.

(3) Before making a search, the Director or the authorised officer, shall—

(a) where a building or place is to be searched, call upon two or more respectable persons of that locality in which the building or place to be searched is situated; and

(b) where a vessel, vehicle or aircraft is to be searched, call upon any two or more respectable persons, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(4) Any person in charge of, or, in any building, place, vessel, vehicle or aircraft shall, on production of the authorisation, allow the Director or the authorised officer free ingress thereto and afford all reasonable facilities for search therein.

(5) If ingress into such building or place cannot be obtained, it shall be lawful for Director or the authorised officer executing the authorisation, with such assistance of police officers or of such other officers, as may be required, to enter such building or place and search therein and in order to effect an entrance into such building or place, to break open any lock of any door or window of any building or place, whether that of the person to be searched or of any other person, if after production of authorisation and demand of admittance duly made, he cannot otherwise obtain admittance:

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Provided that if any such building or place is an apartment in actual occupancy of a woman, who according to custom does not appear in public, Director or the authorised officer shall before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break open the apartment and enter it.

(6) If ingress into any vessel, vehicle or aircraft authorised to be searched cannot be obtained because such vessel, vehicle or aircraft is moving or for any other reason, it shall be lawful for Director or the authorised officer executing the authorisation, with such assistance as may be required of police officers and such officers, to stop any such vessel or vehicle or in the case of an aircraft, compel it to stop or land, and search any part of the vessel, vehicle or aircraft, and in order to effect an entrance into such vessel, vehicle or aircraft to break open any door or window of any such vessel, vehicle or aircraft, whether that of the person to be searched or of any other person, if after production of the authorisation and demand of admittance duly made, he cannot otherwise obtain admittance:

Provided that if any such vessel, vehicle or aircraft is occupied by a woman, who according to custom does not appear in public, the Director or the authorised officer shall, before entering such vessel, vehicle or aircraft, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and may then break open the door of any vessel, vehicle or aircraft and enter it.

(7) The Director or the authorised officer may require any person who, is the owner, or has the immediate possession, or control, of any box, locker, safe, almirah or any other receptacle situated in such building, place, vessel, vehicle or aircraft, to open the same and allow access to inspect or examine its contents, and, where the keys thereof are not available or where such person fails to comply with any such requirement, may break open the lock of such box, locker, safe, almirah or other receptacle which Director or the authorised officer may deem necessary for carrying out all or any of the purposes specified by Director in this behalf.

(8) The occupant of the building, place, vessel, vehicle or aircraft searched, including the person in charge of such vessel, vehicle or aircraft, or some person on his behalf, shall be permitted to attend during the search.

(9) The Director or the authorised officer shall, immediately after search and seizure forward a copy of the reasons so recorded along with material in his possession, to the Special Court in a sealed envelope.

Where this provision sits

ActThe Fugitive Economic Offenders (Procedure for Conducting Search and Seizure) Rules, 2018.
Section3
Marginal noteProcedure relating to search
JurisdictionCentral
StatusIn force as published by the source

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