(1) If a police officer has reason to believe that any place is used for the deposit or sale of any property of any electrical undertaking which had been stolen or unlawfully obtained, he shall make an application to the Magistrate having jurisdiction over the area in which that place is situate, for issue of a search warrant.
(2) The Magistrate to whom an application is made under sub-section (1), may, after such inquiry as he thinks necessary, by his warrant authorise any police officer—
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;
(c) to take possession of any property of the electrical undertaking therein found which he reasonably suspects to be stolen or unlawfully obtained; and
(d) to convey such property of the electrical undertaking before a Magistrate, or to guard - the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety.
592 The West Bengal Prohibition of Unlawful Possession of Property of Electrical Undertakings Act, 1994.
LI of 1994.]
(Sections 7-11.)
7. All searches and arrests made under this Act shall be carried out 2 of 1974.
in accordance with the provisions of the Code of Criminal Procedure, 1973, relating respectively to searches and arrests made under that Code.
West Ben.
Act XL1 of
1973.-
8. All officers of the State Government and all members of Gram Panchayats, Panchayat Samitis and Zilla Parislzads and also of Mahakuma Parishad, constituted under the West Bengal Panchayat Act, 1973, are hereby empowered and required to assist the police officers in the enforcement of this Act.
Searches and arrests how to be made.
Assistance to police officer.
9. No court inferior to that of a Judicial Magistrate of the first class Power to try or, in any metropolitan area, a Metropolitan Magistrate shall try any offences.
offence punishable under this Act.