Search warrents and power to search :- (1) If a Magistrate of the

¹ Substituted vide Orissa Act XI of 1951

first or second class upon information received and after such enquiry if any as he considers necessary has reason to believe that any place is used for the purposes of an opium smoking assembly or of keeping opium, he may- (a)enter any such place by day or night with any persons whose assistance such officer may consider necessary; (b)search all parts of such place in which such officer has reason to believe that any opium or any apparatus for the perparation of opium or for opium smoking is concealed and all or any person he may find in such place; (c)arrest any person found in such place whom he has reason to believe to be guilty of an offence under this Act;

(d)seize all opium and apparatus for opium smoking or for preparation of opium which may be found in such place; or (e)give an authority by special warrant under his hand, when in his discretion he shall think it, to any Excise or Police Officer, not being below the rank of Sub-Inspector, authorising him to do any of the acts specified in clause (a), (b), (0), or (d) of this sub-section.

1. (2) Whenever any Excise or Police Officer, not being below the rank of a Sub-Inspector, has reason to believe that any place is used for the purposes of an opium smoking assembly or of keeping opium and that a search warrant connot be obtained without affording the offenders an opportunity of escape or of concealing evidence of the offence, he may after recording the grounds of his belief do any of the acts specified in clause (a), (b), (c) or (d) of sub-section (1).