Power of entry, search, seizure, arrest without warrant

Power of entry, search, seizure, arrest without warrant.--(1) Any officer of the Excise Department, not below the rank of Sub-Inspector, who has reason to believe from personal knowledge or upon information given by any person and taken down in writing that an offence punishable under section 6 or section 7 has been, is being or is about to be, committed, or that an article liable to confiscation under this Act is kept or concealed in any place may, between sunrise and sunset,--

1. (a) enter any such place ;
2. (b) in case of resistance break open and remove any such obstacle to such entry ;
3. (c) seize all opium and appliances for the smoking of prepared opium or for the manufacture of prepared opium and any other article which he has reason to believe to be liable to confiscation under section 14 and which may be found in such place ;
4. (d) detain and search and if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under section 6 or section 7 : 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 enter and search such place at any time between sunset and sunrise after recording the grounds for his belief.

1. (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.