Issue of search warrant, etc

Issue of search warrant, etc.—(1) Where in the course of preliminary investigation the Commission is satisfied that there is substance in the allegation of corruption or where on any subsequent occasion the Commission is satisfied that it is necessary so to do and—

1. (a) has reason to believe that any person—
   • (i) to whom a summons or notice under this Act has been issued, will not produce or cause to be produced any property, document, or thing which will be necessary or useful for, or relevant to, any investigation or other proceeding to be conducted by it;
   • (ii) is in possession of any money, bullion, or other valuable article or thing, and such money, bullion, 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 investigation or other proceedings to be conducted by it will be served by a general search or inspection; it may by a search warrant authorize any Police Officer of the rank of Inspector General of Police where the complaint is against a public man who is or has been the Chief Minister or a Minister or a Member of the Legislative Assembly of the State of Kerala or an office bearer of a political party at the State level, and a Police Officer of the rank of a Superintendent of Police or Deputy Superintendent of Police where the complaint is against any other public man, 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 it has reason to suspect that such property, document, money, bullion, or other valuable article or thing is kept;
   • (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;
   • (iii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
   • (iv) seize any such property, document, money, bullion, or other valuable article or thing found as a result of such search;
   • (v) place marks of identification on any property or document or make or cause to be made extracts or copies therefrom; or
   • (vi) make a note or an inventory of any such property, document, money, bullion, or other valuable article or thing.

1. (2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), 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 (Central Act 2 of 1974).