Section 8
Power To Enter, Search, Seize And Arrest Without A Warrant
(1) If there is reason to believe that any offence punishable under this Act is being committed
in any building, land, vehicle or other place and that the offender may escape or that evidence of the offense may disappear, the Narcotic Drugs Control Officer or
a police personnel at least up to the rank of Assistant Sub-Inspector of Police may, after making a record to that effect, take any of the following actions at any
time:-
(a) To enter into such building, land, vehicle or any other place,
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Inserted by Second Amendment .
(b) To break the gate or resort to other necessary actions if any obstruction is caused to such entry,
(c) To seize all narcotic drugs and other materials connected with the offence, and any other document which may serve as evidence,
(d) To detain and to search any person and if necessary, arrest him/her if there is a reason to suspect that such a person has
committed an offence.
(2) Entry into or search of any building, land, vehicle or any other place under Sub-section (1) shall be conducted, if time so allows, in the presence of a
∂member of the concerned Municipality or Village Development Committee or any local gentleman or an employee of any government office.
♣
Provided that, if there is proper ground of non-availability of a member of Municipality or Village Development Committee or Ward Committee or
gentlemen of that locality or presence of employees of other government offices for preparing the report, even of attempts were made to that effect, the report
may be prepared in the presence of at least two Narcotic Drug Investigation Officers or in the presence of two personnel at least to the rank of Assistant
sub-inspector of police.
♣
in any building, land, vehicle or other place and that the offender may escape or that evidence of the offense may disappear, the Narcotic Drugs Control Officer or
a police personnel at least up to the rank of Assistant Sub-Inspector of Police may, after making a record to that effect, take any of the following actions at any
time:-
(a) To enter into such building, land, vehicle or any other place,
_____________________
Inserted by Second Amendment .
(b) To break the gate or resort to other necessary actions if any obstruction is caused to such entry,
(c) To seize all narcotic drugs and other materials connected with the offence, and any other document which may serve as evidence,
(d) To detain and to search any person and if necessary, arrest him/her if there is a reason to suspect that such a person has
committed an offence.
(2) Entry into or search of any building, land, vehicle or any other place under Sub-section (1) shall be conducted, if time so allows, in the presence of a
∂member of the concerned Municipality or Village Development Committee or any local gentleman or an employee of any government office.
♣
Provided that, if there is proper ground of non-availability of a member of Municipality or Village Development Committee or Ward Committee or
gentlemen of that locality or presence of employees of other government offices for preparing the report, even of attempts were made to that effect, the report
may be prepared in the presence of at least two Narcotic Drug Investigation Officers or in the presence of two personnel at least to the rank of Assistant
sub-inspector of police.
♣