Search and seizure.
10.(1) The powers of search and seizure under section 37A shall be exercised in accordance with sub-rules (2) to (13).
(2) (a) The authorisation under sub-section (1) of section 37A (other than an authorisation under the proviso thereto) by the [Director General or Director], or the [Chief Commissioner or Commissioner] or any such [Deputy.Director],or.[Deputy Commissioner] as is empowered by the Board in this behalf shall be in Form M;
(b) the authorisation under the proviso to sub-section (1) of section 37A by a [Chief Commissioner or Commissioner] shall be in Form M-1;
(c) the authorisation under sub-section (2) of section 37A by a [Chief Commissioner or Commissioner] shall be in Form M-2.
(3) Every authorisation referred to in sub-rule (2) shall be in writing under the signature of the officer issuing the authorisation and shall bear his seal.
(4) Any person in charge of or in any building, place, vessel, vehicle or aircraft authorised to be searched shall, on demand by the officer authorised to exercise the powers of search and seizure under section 37A (hereinafter referred to as the authorised officer) and on production of the authority, allow him free ingress thereto and afford all reasonable facilities for a search therein.
(5) If ingress into such building or place cannot be so obtained, it shall be lawful for the authorised officer, with such assistance of police officers or of officers of the Central Government, or of both, as may be required, to enter such building or place and search therein and in order to effect an entrance into such building or place, to break open any outer or inner door or window of any building or place, whether that of the person to be searched or of any other person, if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that, if any such building or place is an apartment in the actual occupancy of a woman, who, according to custom, does not appear in public, the authorised officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing and then break open the apartment and enter it.
(6) If ingress into any vessel, vehicle or aircraft authorised to be searched cannot be obtained because such vessel, vehicle or aircraft is moving or for any other reason, it shall be lawful for the authorised officer with such assistance of police officers or of officers of the Central Government, or of both, as may be required, to stop any such vessel or vehicle or, in the case of an aircraft, compel it to stop or land, and search any part of the vessel, vehicle or aircraft; and in order to effect an entrance into such vessel, vehicle or aircraft, to break open any outer or inner door or window of any such vessel, vehicle or aircraft, whether that of the person to be searched or of any other person, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that if any such vessel, vehicle or aircraft is occupied by a woman, who according to custom, does not appear in public, the authorised officer shall, before entering such vessel, vehicle or aircraft, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing.
(7) Any person referred to in clause (ii) of sub-section (1) of section 37A may be searched by the authorised officer with such assistance as he may consider necessary. If such person is a woman, the search shall be made by another woman with a strict regard to decency.
(8) Before making a search, the authorised officer shall,—
(a) where a building or place is to be searched, call upon two or more respectable inhabitants of the locality in which the building or place to be searched is situate, and
(b) where a vessel, vehicle or aircraft is to be searched, call upon two or more respectable persons,
to attend and witness the search and may issue an order in writing to them or any of them so to do.
(9) The search shall be made in the presence of the witnesses aforesaid and a list of things seized in the course of such search and of the places in which they were respectively found shall be prepared by the authorised officer and signed by such witnesses; but no person witnessing a search shall be required to attend as a witness of the search in any proceeding under the Act unless specially summoned.
(10) The occupant of the building, place, vessel, vehicle or aircraft searched, including the person in charge of such vessel, vehicle or aircraft, or some person on his behalf, shall be permitted to attend during the search and a copy of the list prepared under sub-rule (9) shall be delivered to such occupant or person. A copy thereof shall be forwarded to the [Chief Commissioner or Commissioner] and, where the authorisation has been issued by any officer other than the [Chief Commissioner or Commissioner], also to that officer.
(11) Where any person is searched under clause (ii) of sub-section (1) of section 37A, a list of all things taken possession of shall be prepared and a copy thereof shall be delivered to such person. A copy thereof shall be forwarded to the [Chief Commissioner or Commissioner] and, where the authorisation has been issued by any officer other than the [Chief Commissioner or Commissioner], also to that officer.
(12) The authorised officer may convey the books of account and other documents, if any, seized by him in the course of the search made by him to the [Deputy Commissioner] or to any other authority not below the rank of Wealth-tax Officer employed in the execution of the Act.
(13) The [Assessing Officer] to whom the books of account or other documents have been handed over under sub-section (8) of section 37A shall have the power conferred on the authorised officer under sub-rule (12)]. |