(b) to arrest any person found in the place and appearing to have or to be a party
to any offence committed or intended to be committed in connection with the
property.
Note: - For form of warrant see Schedule 111, 11.
72.
Search for Person Wrongfully Confined:
(1)
When a Magistrate of the first or second class upon information and after such
inquiry, if any, as he thinks necessary has reason to believe that any person is
confined under such circumstances that the confinement amounts to an offence,
he may issue a search-warrant authorizing the person to whom it is address to
search for the confined person and to bring him before the Magistrate; upon the
confined person being brought before him the Magistrate shall make such order
as seems proper.
Note: For form of warrant see Schedule 111, 12.
(2) Upon complaint made on oath to a Magistrate of the first or second class of the
abduction for any unlawful purpose or of the unlawful detention of any person the
Magistrate may after such inquiry, if any as he thinks necessary make an order for
the production before himself of such person or for the immediate restoration of such
person to his liberty or if such person is under fourteen years of age, to his parent,
guardian or other person having lawful charge of him and may compel compliance
with such order using such force as may be reasonably necessary.
Upon the production before him of such person the Magistrate shall make such order
as seems proper.
Note: - See section 289 of the Penal Code.
73.
Search To Be Made in Presence of Witnesses.
Searches under this chapter shall, unless the Magistrate owing to the pressing nature of
the case otherwise directs, be made in the presence of two reliable witnesses to be
summoned by the person to whom the search-warrant is addressed. A list of all things
seized and of the places in which they are found shall be drawn up by the person carrying
out the search and shall be signed or sealed by the witnesses.
74.
Occupant of Place Searched May Attend.
The occupant of any place searched or some person on his behalf shall be permitted to be
present at the search and shall, if he so requires, receive a copy of the list of things seized
therein signed or sealed by the witnesses.
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