Section 15
of Poisons Act
Section 15
(1)
A Licensing Officer or any officer of the Medical Department authorised in writing by a Licensing Officer or any police officer not below the rank of Inspector, or any officer of the Bureau not below the rank of
Chief Narcotics Officer or any officer of the Bureau authorised by such an officer, may enter at all reasonable times upon any premises in which poisons are reasonably believed by such officer to be kept or stored and by himself or by some other person accompanying him and acting under his instructions and in his presence may search such premises and take samples of any substance found therein and reasonably believed to be or to contain a poison.
(2)
Any officer referred to in subsection (1) may in like manner inspect and take extracts from any book or record relating or reasonably believed to relate to any dealing in or with poisons wherever and by whomsoever kept and whether kept under the provisions of this Act or of any rules made thereunder or otherwise and for the purpose of such inspections or taking of extracts may enter at all reasonable times upon any place whatsoever.
(3)
In any case in which it shall appear to any Magistrate upon the oath of any person that there is reasonable cause to believe that in any premises there is concealed or deposited any substance in respect of which an offence has been committed against this Act, the Magistrate may, by warrant addressed to any police officer not below the rank of Inspector or to any senior officer of customs, or to any officer of the Bureau not below the rank of Chief Narcotics Officer or to any officer of the Bureau authorised by such an officer, empower such officer to —
(a)
enter upon and search by day or night any premises within the jurisdiction of the Magistrate and to take possession of any such substance; and
(b)
arrest any person being in the premises in whose possession the substance may be found or who is reasonably suspected by the officer to have concealed or deposited the substance therein, and any officer to whom such warrant may be directed may in case of obstruction or resistance —
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(i)
break open any outer or inner door of such premises and any cupboard, chest, trunk or package or other receptacle; and
(ii)
by force, if necessary, enter upon any part of the premises and remove any obstruction to the entry, search or seizure and detain any person found in the premises until the search has been completed.
(3A)
Without prejudice to any other provision of this Act, an officer of the Bureau shall, in any case relating to the commission of an offence against this Act, have all the powers of a police officer under the Criminal
Procedure Code (Chapter 7) in relation to an investigation into any seizable offence.
(4)
In this section “senior officer of customs” has the same meaning as in the Customs Order, 2006 (S 39/2006).
Powers of exemption.