Issue of search warrant, etc

(1) Where in consequence of information in his possession, the Lokayukta or an Upalokayukta,-

1. (a) has reason to believe that any person,-
   • (i) to whom a summon or notice under this Act, has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;
   • (ii) is in possession of any money, bullion, jewelry or other valuable article or thing and such money, bullion, jeweller or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or
2. (b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,
   • • he may by a search warrant authorise any Police Officer not below the rank of an 1[Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to]
   • (i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;

¹ Substituted by Act 31 of 1986 w.e.f. 16.6.1986.

1[(i a) search any person who is reasonably suspected of concealing about his person any

¹ Inserted by Act 31 of 1986 w.e.f. 16.6.1986.

article for which search should be made.]

1. (ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
2. (iii) seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
3. (iv) place marks of identification on any property or document or make or cause to be made extracts or copies therefrom; or
4. (v) make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing.

1. (2) The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).
2. (3) A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.