Power to issue warrants

Power to issue warrants.--Any District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate who, upon information received and after such inquiry (if any) as he considers necessary, has reason to believe that any place is being or is likely to be used for the commission of an offence punishable under section 6 or section 7, may, issue a warrant to an officer of the Excise Department, not below the rank of Sub-Inspector, empowering him--

1. (a) to enter such place by day or night with any person whose assistance such officer may consider necessary;
2. (b) to search all parts of such place in which such officer has reason to believe that any opium or appliance for the manufacture of prepared opium or for the smoking of opium is concealed and all or any persons whom he may find in such place;
3. (c) to arrest all persons--
   • (i) whom such officer may find in such place actually engaged in smoking prepared opium; or
   • (ii) whom such officer reasonably suspects of having smoked prepared opium in such place immediately before his entry therein; or
   • (iii) from whose possession prepared opium is recovered;
4. (d) to seize all opium and appliances for the smoking of prepared opium or for the manufacture of prepared opium which may [be] found in such place.