Illegal search for concealed documents invalidates seizure when mandatory criminal procedure safeguards are not followed.

An exploratory examination of premises to locate concealed account books constitutes a search, not a mere inspection, where the documents are not open to view and are brought out only after business hours. Because the search was conducted without compliance with the Code of Criminal Procedure, it was illegal, and the seizure made pursuant to it could not stand. The petitioner was therefore entitled to return of the account books and the copies of notes made from them.

---

---

Issues: Whether the seizure of account books from the petitioner's premises was made after a mere inspection or pursuant to a search, and if it was a search, whether the seizure was invalid for non-compliance with the Code of Criminal Procedure.

Analysis: The premises were entered with the object of finding private account books which were not kept openly but were concealed and brought out only after business hours. A mere looking at articles open to view is not a search, but an exploratory quest for hidden documents is a search. On the facts, the entry and seizure amounted to a search for concealed account books. Since the procedural requirements of the Code of Criminal Procedure were not complied with, the search was illegal and the seizure could not stand.

Conclusion: The seizure was illegal and the petitioner was entitled to return of the account books and copies of notes made therefrom.

Ratio Decidendi: An exploratory examination of premises undertaken to find concealed documents is a search, not a mere inspection, and seizure made pursuant to such illegal search is invalid where mandatory procedural safeguards are not followed.

---