Section 14: Search and seizure

14. Search and seizure. [(1) Subject to sub-section (2), where the investigating officer, on the basis of information in his possession, has reason to believe that any person (a) has committed any act which constitutes money-laundering; (b) is in possession of any property involved in money-laundering; or (c) is in possession of any record which may be useful for or relevant to proceedings under this Act, he may either himself, or authorize any officer subordinate to him to,— (i) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such record or properties are kept; (ii) break open the lock of any door, box, locker, safe, almirah or other receptacles for exercising the powers conferred by sub-clause (i) where the keys thereof are not available; (iii) seize any such record or property found as a result of such search; (iv) place marks of identification on such record or make, or cause to be made, extracts or copies therefrom; (v) make a note or any inventory of such record property; and (vi) examine any person, who is found to be in possession or control of any such record or property, in respect of all matters relevant for the purposes of any investigation under this Act.] (2) The powers to search under sub-section (1) shall be exercisable by the investigating officer with the prior permission of the Court [:] [Provided that where immediate action is required, the powers of search and seizure shall be exercisable with prior permission of senior officer of the concerned investigating or prosecuting agency not below the rank of an officer of BS-20.] (3) The investigating officer shall, within forty-eight hours immediately after search and seizure, forward a copy of the report on search and seizure [*******] to the head of the concerned investigating [or prosecuting] agency in a sealed envelope [*******]. (4) Where the investigating officer, upon information obtained during survey under section 13, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence. [(5)*******]

Effective date: 2010-03-27

Amendment history

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Related sections