Search and seizure procedure: confiscatory action permissible only after an authorised search is carried out. Measures authorising confiscation of seized articles are contingent on a prior authorised search; confiscatory subsections cannot be invoked in preference to initiating a search. Where a sister department has seized items and contemplates confiscation, invoking the confiscatory route may be preferable to an alternative subsection, but only after the statutory search authorisation procedure has been complied with. Existing instructions requiring searches pursuant to express authorisation remain binding and must be followed to meet legal requirements.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Search and seizure procedure: confiscatory action permissible only after an authorised search is carried out.
Measures authorising confiscation of seized articles are contingent on a prior authorised search; confiscatory subsections cannot be invoked in preference to initiating a search. Where a sister department has seized items and contemplates confiscation, invoking the confiscatory route may be preferable to an alternative subsection, but only after the statutory search authorisation procedure has been complied with. Existing instructions requiring searches pursuant to express authorisation remain binding and must be followed to meet legal requirements.
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