The court may issue a search warrant in the following cases to ascertain the veracity of the facts in the above proceedings: (a) if the court has reason to believe that the prisoner has been inhumanly detained or has been subjected to unlawful torture, or
(b) if the applicant shows any reason to believe that the issue of the search warrant is necessary because the prisoner is likely to be transferred with intent to evade the order of the court, or
(c) If the court deems it necessary or appropriate to issue a search warrant for any other reason.
(2) When issuing a search warrant in accordance with sub-section (1), the court may issue an order in the name of its subordinate or any officer or employee in the service of the Government of Nepal to search the place or places where the prisoner is said to be in custody or suspected to be. When issuing such an order, if the court deems it necessary or expedient, it may form a search team consisting of the person representing the employee and the petitioner and the official of the local body and give the right to search the team.
(3) According to subsection (2), the person or team receiving the search warrant shall search for the detained person as per the instructions of the court and if the detained person is found, the detained person shall be brought before the court without delay along with the report.
(4) If there is any reason for the court to believe that the officer or employee who received the order to conduct a search according to sub-rule (2) cannot identify the prisoner, the court may order any other person specified in the search warrant to assist in the delivery of such search warrant.
(5) If necessary, the court itself or through any other subordinate court may hear the evidence to ascertain the facts regarding the detention.